Office of the Vice President

for Student Affairs Revised: 7/21/04

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Alcohol Effective Date: 02/01/88

Page 1 of 3

01. POLICY STATEMENT

01.01 The Student Affairs Division is committed to the recruitment and retention of a heterogeneous and qualified student body, and to providing services that enhance their personal development and contribute to the fulfillment of their goals. The following procedure contributes to the implementation of this policy.

01.02 This policy and procedure statement is published to document the university's policy regarding substance abuse. The university considers the illegal possession or use of a controlled substance to be a serious breach of the Code of StudentConduct, and will enforce this policy to regulate student conduct in a manner that is in accord with the educational integrity of the university.

02. POLICY

02.01 The University encourages and expects its students to act responsibly. Students are expected to comply with local, state, and federal laws; and to engage in conduct which reflects a positive image of the university as an institution of higher learning.

02.02 The illegal use, possession, or sale of controlled substances or alcohol is a violation of the Code of Student Conduct and is detrimental to the individual(s) involved as well as to the university. The Coordinator of Student Justice, usingthe Code of Student Conduct, will enforce the substance abuse policy in a manner which will deter and reduce substance abuse and insure the students' rights to due process. The Code of Student Conduct is printed in the Texas StateStudent Handbook, an annual publication available upon request through the Dean of Students Office or at: http://www.mrp.txstate.edu/mrp/publications/studenthandbook

03. CONTROLLED SUBSTANCES

03.01 The use, possession, or delivery of a controlled substance by a Texas State student will result in significant disciplinary action by the university.

03.02 The Coordinator of Student Justice will investigate every reported allegation of the use, possession, or delivery of a controlled substance. If the Coordinator, by a preponderance of evidence, finds the student responsibleof a first offense involving the use, possession or delivery of a controlled substance, whether the infraction is found to have occurred on or off campus, the student will be suspended for a minimum of the remainder of the semester in which the infraction occurred plus the following long semester. In the event the semester in which the infraction occurred has ended by the time a student is found responsible, the student shall be suspended for a period of not less than the following two long semesters.

03.03 For first-time minor offenses, upon a recommendation by the President’s designee and the approval of the President, suspension may be probated and sanctions may then include required counseling and/or rehabilitation along with other appropriate penalties.

03.04 A second finding of responsibilityfor an illegal drug-related offense shall result in permanent expulsion from the university.

04. ALCOHOL

04.01 An allegation of illegal use, possession, or sale of alcoholic beverages by a Texas State student will lead to an investigation by the Coordinator of Student Justice. If the student is found responsibleof an alcohol-related violation of the Code of Student Conduct, the Coordinator of Student Justice, on a case-by-case basis, will make a determination if alcohol abuse counseling or other sanctions areappropriate (See Attachment I).

04.02 In all first offense cases in which the Coordinator of Student Justice determines alcohol abuse is involved, the Coordinator of Student Justice will minimally refer the student to the Alcohol and Drug Resource Center (ADRC) Program. The substance abuse counselor will assess the severity of the student's alcohol problems and require the student to submit to appropriate counseling, educational programming and/or special projects. If the substance abuse counselor finds thatthe student doesnot attend counseling and/or educational programs, the counselor will refer the student back to the Coordinator of Student Justice for a disciplinary sanction.

04.03 For alcoholoffenses in which the student is not intoxicated, and the Coordinator of Student Justice determines thatalcohol abuse is not an issue, the Coordinator of Student Justice may treat the case as a routine disciplinary matter. In such cases, the student will be informed of the severity of the situation and the future conduct expected. Disciplinary action will be taken, if warranted, and the student will be informed that subsequent violations could lead to suspension.

04.04 A second alcohol relatedviolation of the Code of Student Conduct will be treatedas a serious disciplinary matter. Disciplinary probation with counseling is the minimum sanction associated with a second offense.

04.05 A third alcohol violation will subject a student to suspension from the university.

05. MAJOR RESPONSIBILITIES ASSOCIATED WITH THIS SA/PPS

05.01 Major responsibilities for routine assignments associated with this SA/PPS include the following: Position Section Date

Coordinator of Review November (ONY)

Student Justice

06. CERTIFICATION STATEMENT

This SA/PPS has been approved by the following individuals in his/her official capacity and represents Texas State policy and procedure from the date of this document until superceded.

Dr. Rod C. Fluker, Sr., Coordinator of Student Justice, Senior Reviewer of this SA/PPS

Dr. John Garrison, Dean of Students

Dr. James D. Studer, Vice President for Student Affairs