Violating University, State or Federal Drug and Alcohol Policy or Law

Students

All CSU students are required to comply with the Student Conduct Code, resolutioncenter.colostate.edu/student-conduct-code/, which sets behavior expectations for students, including expectations regarding drug and alcohol use.

The Student Conduct Code prohibits student use, possession, manufacturing, and distribution of illegal drugs. This includes:

• Prescription drugs used in a manner other than as prescribed
• Marijuana and any for of its derivatives
• Narcotics, methamphetamine, cocaine, opiates, LSD, mushrooms, heroin, designer drugs such as Ecstasy and GHB, and other controlled substances
• Drug paraphernalia including but not limited to equipment, products, and materials used to cultivate, manufacture, distribute, or use illegal drugs

The Student Conduct Code applies to student behaviors on and off campuses.

If a student is found to have violated drug or alcohol conduct expectations, the student may be subject to discipline under the Student Conduct Code, as well as criminal prosecution under federal and state laws.

CSU, through University Housing, Student Conduct Services and CSU Police Department enforces the Student Conduct Code, state underage drinking laws, and local, state and federal drug laws.

Employees

The university may properly intervene when employee use of alcohol or drugs affects job performance and conduct.

Employees covered by the Alcohol and Drugs policy, policylibrary.colostate.edu/policy.aspx?id=738, may not report to work or be at work while impaired by alcohol or drugs, even those lawfully prescribed, as determined under a reasonable suspicion standard. Employees who violate the university’s policies concerning illicit drugs face discipline outlined in university policies and procedures.

Employees may also be subject to criminal prosecution under federal and state laws for drug‐related criminal offenses.

Each employee must notify the university’s Human Resources executive director in writing no later than five days after being convicted for any criminal alcohol or drug statute violation. A conviction is a finding of guilt (including a plea of no contest or nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the criminal drug statutes. The university must take disciplinary action within 30 days after receipt of any notice; disciplinary sanctions include reprimand, probation, expulsion, eliminating or lowering salary increases for a period of time, temporary suspension with or without pay, termination, and referral to civil authorities for prosecution consistent with local, state, and federal law and University policy.

Colorado Immunity from Arrest and Prosecution Law

 Colorado law protects people from criminal prosecution for certain drug and alcohol violations if they call for help in an alcohol‐ or drug‐related emergency, including marijuana (C.R.S. §18‐1‐711).

The caller will be immune from criminal prosecution if they comply with the following:

• The caller must provide their name to police or emergency medical services
• The caller must remain on scene until help arrives
• The caller must cooperate with police and emergency medical services

Immunity also extends to the person in need of medical attention if that person complies with these same requirements

CSU Responsible Action Exemption Policy for Students

Students or organizations, both on and off campuses, who seek medical attention for themselves or on behalf of another student related to the use of drugs or alcohol will not be charged with violations of the Student Conduct Code related to that incident under this exemption (resolutioncenter.colostate.edu/responsible-action-exemption/).

• The student seeking exemption for the emergency must comply with the recommendations of the Student Conduct Services hearing These may include an assessment related to drug or alcohol use and treatment recommendations.
• Failure to complete an assessment may result in charges against the student filed with Student Conduct Service
• The university may notify the parents or guardians of students if a student involved in the situation is younger than 21 and was transported to the hospital for medical attention.

Marijuana Use and Possession on Campuses

The use and possession of marijuana is prohibited on all property owned or controlled by the university and during all activities sponsored by the university, wherever located. The potential health and behavioral impacts of marijuana do not fit with CSU’s mission as an academic institution and a safe, fast‐ paced, high‐functioning work environment. Federal agencies continue to enforce federal law against those who facilitate the illegal use of marijuana, despite state law.

Colorado constitution amendment 64 (fcgov.com/mmj/pdf/amendment64.pdf) legalizes certain activities related to marijuana under Colorado law, yet amendment 64 specifically authorizes the university – as a school and an employer – to prohibit the possession and use of marijuana.

In addition, although amendment 64 passed in Colorado, marijuana remains illegal under the federal Controlled Substances Act, which prohibits marijuana possession and use. This federal law applies to recreational and medical uses of marijuana. It is not a defense that the person holds a medical marijuana card.

Students and employees who violate this policy are subject to university discipline.

Federal laws such as the Drug‐Free Workplace Act and the Drug‐Free Schools and Communities Act also restrict use of marijuana in the workplace. These federal laws require the university to prohibit the use of marijuana on campuses.

The Colorado State University Police Department, along with Student Conduct Services, enforces the university‐wide prohibition of marijuana.

CSU strives to maintain a safe workplace. Employees who are under the influence of marijuana, just like with alcohol, create serious safety risks when operating machinery or working with potentially hazardous materials or substances in the workplace.

While performing their job duties:

• CSU employees are prohibited from consulting or assisting with the cultivation, sale, distribution, or use of marijuana
• Any employee who provides such assistance shall be acting outside the scope of his or her employment and assumes personal liability for such action
• CSU is not required to accommodate an employee’s medical or recreational use of marijuana
• Illegal drug use is a bar to acquisition or renewal of a federal security clearance

CSU Employee Drug, Alcohol Treatment and Educational Programs

Colorado policy is that treatment may be more appropriate for alcoholics and intoxicated individuals than criminal prosecution. Employees should be afforded a continuum of treatment to help them lead normal lives as productive members of society [C.R.S. §27‐81‐101(1)].

The state supports the following kinds of treatment facilities and services [C.R.S. §27‐81‐101(2)].

Screening centers for alcoholics

• Medical detoxification
• Intensive treatment
• Halfway-house care
• Outpatient rehabilitative therapy, orientation, education, and in‐service training
• Patient transportation

To find a mental health or substance abuse treatment facility in your area, visit this list findtreatment.samhsa.gov.

Colorado State University’s Employee Assistance Program offers on-site assessment and referrals, third party counseling and support in linking to treatment and counseling for employees struggling with mental health and substance related issues. More information can be found at the Employee Assistance Program website at hr.colostate.edu/employee-assistance-program/.

A CSU employee can learn more about the Employee Assistance Program and engage in services by contacting the Employee Assistance Coordinator at 970-491-3437.

More information about community resources can be obtained by viewing the CARE Program website at hr.colostate.edu/care-program/ or contacting the Community Resources Coordinator by phone at 970-491-4839.

More information on health effects, usage trends, and marijuana regulation:

National Institute on Drug Abuse
www.drugabuse.gov/publications/drugfacts/marijuana

Substance Abuse and Mental Health Services Administration
www.samhsa.gov

CSU Health Network Marijuana Resources
https://health.colostate.edu/marijuana/

Student Drug and Alcohol Treatment and Educational Programs

New students younger than 23 must complete an online alcohol awareness program. This is an interactive, online program designed to inform students about how alcohol affects the body, mind, perception, and behaviors. The research‐based course offers accurate information in a non‐judgmental tone, while providing personalized feedback that encourages students to consider their own drinking decisions and those of their peers.

The CSU Health Network is a student service that provides a full range of medical, mental health, and health education and prevention services to optimize student health and the health of the university community. All students registered for six or more credit hours pay the university health fee and counseling fee and are eligible to use the CSU Health Network.

Students do not need to be enrolled in the CSU Student Health Insurance Plan to access services. The CSU Student Health Insurance Plan provides additional benefits. Any student enrolled in fewer than six credits can elect to pay these fees for access.

DAY Programs (Drugs, Alcohol and You) are specialty counseling services offered through the Health Network. DAY serves students who are concerned about their substance use or are required to complete an assessment or engage in treatment by the university’s disciplinary system.

DAY offers five specialized programs:

• Live Safe is a three‐hour education and discussion group for students who want to learn more about substance use or those who have had a conduct
• BASICS (Brief Alcohol Screening and Intervention for College Students) involves an online assessment of your substance use history and Individualized feedback is provided during an initial appointment and one follow‐up meeting with a counselor. Students may initiate the screen themselves or are referred by the conduct office.
• Taking Steps provides weekly group support for students making changes in their use of drugs and This program is open to those voluntarily seeking help and those mandated to treatment by the conduct system.
• Open to Change is an eight‐week program for students who both voluntarily complete the program or are mandated by the university to complete the Students achieve eight consecutive weeks of abstinence with individual and group counseling.
• Back on TRAC is an abstinence‐based, drug court program for students with serious alcohol or drug violations who are mandated to complete the program or would otherwise be dismissed from the university.

In addition to these programs, individual counseling is available for students who want to examine and alter their substance use. DAY works with students whose goals range from reducing the negative impact of substance use to abstinence. Counselors use a nonjudgmental and empathic approach to support students in achieving their goals.

More information about alcohol and drugs educational programs and individual assistance is available through the CSU Health Network, (970) 491-7121, www.health.colostate.edu.

Drug Free Schools and Communities Act Compliance 

The Drug and Alcohol Prevention Program website and document developed in accordance with the Drug Free Schools and Communities Act — called DFSCA — of 1989 hold all the information related to our Drug and Alcohol Prevention Program and DFSCA compliance.

This includes standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees, a list of applicable legal sanctions under federal, state, or local laws for the unlawful possession or distribution of illicit drugs and alcohol, a description of the health risks associated with the abuse of alcohol or use of illicit drugs, a list of drug and alcohol programs that are available to employees or students, and a clear statement that CSU will impose disciplinary sanctions on students and employees for violations of the standards of conduct and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution. 

This information is sent to all students and employees twice during the year in addition to being included in this report. The website can be found at clery.colostate.edu/dfsca/ where there is a .pdf of the Drug And Alcohol Prevention Program for download. 

More information about alcohol and drugs educational programs and individual assistance can be obtained by contacting:  

Manager of Substance Misuse Prevention and Assessment
CSU Health Network
151 W Lake St, Fort Collins, CO 80524
(970) 491‐7121
health.colostate.edu