Appendix A: Programs & Policies Addressing Alcohol & Other Drugs (AOD)

Drug and/or Alcohol Resource Team (DART)

UNCSA’s Drug and Alcohol Resource Team (DART) is a resource for students who request help with substance abuse problems.  Any student, who identifies himself or herself as having a problem with either alcohol, tobacco, or any drug, may request assistance and support to refrain from further use of these substances. DART is entirely voluntary and highly confidential.

The goal of the program is to remove barriers from students seeking assistance. Students in DART are evaluated, drug tested, and referred to appropriate treatment. Treatment resources may include a combination of on campus counseling, therapy, outpatient or inpatient care. The program includes supportive counseling, referrals to appropriate resources, and unscheduled drug testing at no cost to the student. Results of the drug testing in DART are confidential. 

 Goals of the DART Program:

• To assist in identifying University of North Carolina School of the Arts students with drug and alcohol abuse issues
• To encourage students to seek medical and psychological assistance for their abuse issues, and to assist in providing treatment
• To assure that students who enter into a therapeutic contract, comply, and continue with that contract
• To provide ongoing support for a student’s sobriety so they may continue to study and perform to the best of their ability

In no way should the DART Program be seen as a venue for excusing substance abuse or as a way for University of North Carolina School of the Arts students to escape consequences for their behavior.

Entrance into the DART Program
A student may refer themselves into the program by contacting the Wellness Center. The student will be asked to make an initial medical evaluation appointment with the Medical Director of Health Services, and submit to a drug and/or alcohol test.

• Students, faculty or staff members who are aware of a student with substance abuse issues may refer a student into the program.
• Students, faculty, or staff may consult with a Counselor in the Wellness Center or UNCSA’s Case Manager as to the most effective approach to encourage students to seek help.

Confidentiality
Dart records and results of drug testing of any student who has signed the DART Agreement will be retained by the Wellness Center and held confidential. Parents of students over the age of 18 are not notified. Parental notification of minor students may occur if the student’s safety is considered to be in danger. If at any time it is felt the student is not making a “good effort” toward self- rehabilitation the student may be removed from the program.

Support Programs

Counseling Services offers substance use assessment and referrals to other resources. Student Health Services offers assistance in treatment and referrals. Professional confidentiality applies to all clients. Weekdays, students can visit the Wellness Center on the upper level of the Hanes Student Commons or call 336-770-3288 for counseling or health services. During nights and on weekends, students can contact Student Health Services and/or Counseling Services through a member of the Residence Life Programs & Housing or the UNCSA Police Department. Students may also contact the local chapters of Alcoholics Anonymous or Narcotics Anonymous for additional support and assistance.

Alcohol and/or Other Drug (AOD) Policy

Relevant Laws

Any member of the school community who violates alcohol or drug law is subject to both criminal prosecution and UNCSA disciplinary proceedings. It is not “double jeopardy” for both the civil authorities and UNCSA to take action against a person for the same specified conduct.

Alcohol:

1. It is unlawful for any person under 21 years of age to:
   1. purchase, attempt to purchase, possess, or consume any alcoholic beverage;
   2. falsify a license or other ID in order to obtain alcoholic beverages.
2. It is unlawful for any person to:
   1. sell, give, or provide alcoholic beverages to an underage person;
   2. aid or assist an underage person in the purchase, attempted purchase, possession, or consumption of alcoholic beverages;

Illegal Drugs:

North Carolina law makes it a crime to possess, with or without the intent to sell, deliver, or manufacture, drugs that collectively are designated as “controlled substances.” The law classifies these drugs in six categories, or “Schedules.” For a complete list, see the North Carolina Controlled Substances Act.

1. Schedule I and II Controlled Substances include, but are not limited to, such drugs as heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone, and Ritalin.
2. Schedule III - VI Controlled Substances include, but are not limited to, such drugs as marijuana, pentobarbital, and codeine.

Possession and/or Consumption of Alcohol and/or Other Drugs
For purposes of UNCSA’s Alcohol and/or Other Drug (AOD) Policy and student conduct proceedings, “possession and/or consumption” means:

1. ownership, control, or temporary custody of alcohol, an illegal substance, or possession and/or use of controlled drugs not prescribed to the student;
2. a positive alcohol level or drug screen result; or
3. being in the presence of what one knows or reasonably should know is alcohol, an illegal drug, or paraphernalia. For example, those in a room where a controlled or prohibited substance is present are presumed to be in possession of the substance absent compelling evidence to the contrary.

Note: A student in the presence of an AOD policy infraction but who is not actively involved is first encouraged to ask the involved student(s) to stop the behavior. If such an approach is not practical or is unsuccessful, the student must then leave the situation and/or seek assistance from a university staff member (for example, a College Life staff member or UNCSA Police). A student who does not do any of the above may be found to be in possession of or held responsible for the policy infraction.

Note: A parent or guardian of a student under age 21 will be contacted in incidents involving alcohol and/or other drugs.

Alcohol Testing
If two UNCSA staff members believe an underage student has consumed alcohol, or if a student 21+ is noticeably impaired on campus or at a UNCSA sponsored event, a UNCSA staff member will test the student’s alcohol level. The following procedures will be followed:

1. If the alcohol test is above 0.0, the student will be referred to Student Conduct for appropriate adjudication.
   1. If the result is above 0.8 and below 0.12, the student will be monitored by the Residence Life Programs & Housing staff until their test is 0.08 or below.
   2. If the level is 0.12 or above, or if the student’s behaviors create concern, the student will be sent to the emergency room by ambulance or other emergency transport or will be examined and cleared by a medical professional. Costs for this are the responsibility of the student.
2. If the alcohol level test is 0.0, the student will be medically evaluated by either UNCSA Health Services or a local hospital emergency room in response to the behaviors exhibited that prompted the alcohol level test. All costs are the responsibility of the student.

Note: A test resulting in an alcohol level of 0.0 does not absolve a student who also possesses alcohol.

3. A refusal or an inability to be tested will be documented and taken into consideration during adjudication and may be treated as an admission of guilt.

Drug Testing
For the purposes of the AOD and student conduct policies, a student who is in the presence of illegal drugs is considered to be in possession of the drugs. No drug test will be given. If a student wishes to exonerate himself or herself that student may submit to drug testing at their own expense at an off campus location. The drug test must be complete within five days of the incident.

Alcohol and Other Drug Amnesty

In cases of an alcohol poisoning and/or drug overdose, UNCSA’s main concern is the health and safety of those involved. Students are strongly encouraged to call for medical assistance (911) for themselves or for a peer who is dangerously under the influence. Student’s seeking medical treatment for an alcohol and/or other drug overdose can qualify for conduct amnesty. Conduct amnesty will exempt students from being charged with Student Conduct violations related to Alcohol and/or other drug possession/consumption infractions. This also applies to students seeking help for the students who are under the influence.

The purpose of conduct amnesty is to remove barriers to seeking help for fear of being subject to student conduct consequences. Medical amnesty has been adopted by statute in North Carolina, although UNCSA’s amnesty policy is broader in scope.

Amnesty applies to:

• a student who has consumed alcohol or other drugs, and who seeks assistance from a University official or emergency personnel on their own behalf;
• a student who consumed alcohol or other drugs and was the victim of a crime (including but not limited to physical or sexual assault, theft, vandalism) who seeks assistance from a University official or emergency personnel on their own behalf;
• a student who consumed alcohol or other drugs and receives assistance, as a result of another student(s) seeking assistance on their behalf, from a University official or emergency personnel;
• student(s) who consumed alcohol or other drugs and who seek assistance from a University official or emergency personnel on behalf of another student who has consumed alcohol or other drugs, and who remain on the scene to provide support.

Amnesty does not apply to:

• other prohibited conduct including, but not limited to, driving under the influence, acts of harm, harassment, sexual misconduct, vandalism, distribution of controlled substances, etc.;
• students/organizations who do not seek assistance from a University official or emergency personnel.

To ensure you receive amnesty, you must do two things:

1. Provide your name when calling 911.
2. Stay with the victim until help arrives.

A student or organization may be required to meet with a staff member in the Office of Student Conduct or other appropriate personnel and complete any recommended educational assignments. Failure to complete all recommendations may result in revocation of Amnesty benefits. Repeated incidents may prompt the University to revoke an individual’s future ability to receive the benefits of Amnesty

Records related to receiving Amnesty assistance will be maintained consistent with the University’s records policy.

Note: UNCSA amnesty differs from statutory amnesty for law enforcement agencies. Law enforcement has their own set of statutory standards and has discretion to cite a student. Amnesty does not prevent Police or other law enforcement from reporting an alleged violation, filing a charge, or taking other action related to the possible criminal prosecution of any UNCSA student. 

Note: Students may also receive amnesty from student conduct charges in medical emergencies.

Major Infraction and Minimum Proposed Outcome(s)

First Infraction of any portion of the Alcohol and/or Other Drug Policy

Second Infraction of any portion of the Alcohol and/or Other Drug Policy

Third Infraction of the Alcohol and/or Other Drug Policy

Note: Infractions of alcoholic beverage control laws may also result in criminal penalties such as fines, loss of driver’s license/driving privileges, and/or a jail sentence. An infraction may also result in being subject to civil liability such as being sued and required to pay for damages. North Carolina law and the University of North Carolina School of the Arts are strict on this matter.

Note: If a suspended student wishes to be considered for re-acceptance, the following conditions must be met:

• The student must obtain a drug use assessment from a certified drug abuse counselor within two  weeks of the beginning of the suspension. Assessment costs are the responsibility of the student.
• During the time of suspension, the student must submit to drug screens as required by the certified substance abuse counselor, but with a minimum of one urine drug screen every four weeks.
• Prior to reapplication, the student must demonstrate through professional documentation from a certified substance abuse counselor that they have been drug-free since the initial drug screen (see above).

Case Resolution Procedure for High Risk, Case Resolution Board AOD Infractions

Case Resolution Procedure for First Offense, Low Risk, Single Adjudicator AOD Infractions

Preliminary Investigation:

• A member of the UNCSA community prepares an incident report or a UNCSA police report, as appropriate, which includes factual information supporting the allegation. A member of High School Residence Life will contact the student’s parent(s) or legal guardian(s) when necessary. 

• The Associate Director for Student Conduct (or designee) reviews the report and determines whether a charge will be pursued. The Associate Director for Student Conduct (or designee) may seek guidance, as appropriate, to determine the appropriate charge(s). The Associate Director for Student Conduct (or designee) will contact the student’s parent(s) or legal guardian(s) when necessary and keep the parent(s) or guardian(s) informed of the Student Conduct process. 

• The Associate Director for Student Conduct (or designee) may conduct an additional investigation, including but not limited to interviewing witnesses and collecting evidence. The Associate Director for Student Conduct (or designee) will review the Respondent’s student conduct record for patterns and to determine the severity of the charge. 

• Within 30 calendar days, or within a reasonable amount of time, the Associate Director for Student Conduct (or designee) will notify the student of the charge via a hearing letter (see below) if a charge is to be pursued. 


Case Resolution Meeting Process:

• The Associate Director for Student Conduct (or designee) will send the Respondent a Case Resolution Meeting letter, which outlines the charge(s) and proposed outcomes, describes the incident, and provides a date (at least three (3) calendar days out) and location of the Case Resolution Meeting.
• The Respondent may contact the Associate Director for Student Conduct (or designee) by a specified date (at least three days prior to the scheduled Case Resolution Meeting) regarding a schedule conflict or to request removal of the Associate Director for Student Conduct (or designee) from the case due to bias. The Associate Director for Student Conduct (or designee) will work with the Respondent to address scheduling conflicts. The Assistant Dean of Student Affairs and Director of Residence Life Programs & Housing will review any request to remove the Case Resolution Officer for bias and, if necessary, will appoint another member of the Student Affairs staff to hear the case. The Respondent will be informed of the decision regarding the request for removal before the Case Resolution Meeting takes place. The Case Resolution Officer should recuse himself or herself if there is a conflict or bias on their part concerning a particular case.

During the Case Resolution Meeting, the Respondent has three choices:

1. Single Adjudicator Full Case Resolution Meeting: The respondent may choose to go forward with the Case Resolution Meeting and shall have the opportunity to present their evidence and defense through witness testimony and written documents.  A respondent may request this form of resolution if they would like your entire case heard from start to finish because they disagree with both the charge(s) and the outcome(s), or because there is a significant question of fact.
2. Single Adjudicator Outcome-Only Case Resolution Meeting: The respondent may choose to go forward with an Outcome-Only Case Resolution Meeting. In this case the respondent accepts responsibility for the charges but not the proposed outcomes and shall have an opportunity to recommend alternative outcomes. A respondent may request this form of resolution if they accept responsibility and propose alternative outcomes.
3. Accept Responsibility and Outcomes: The respondent may waive their right to a Case Resolution Meeting and accept responsibility and the proposed outcomes. Such waivers must be in writing, signed by the Respondent, and witnessed by the Case Resolution Officer.

• Resolution in the Absence of the Respondent: If the Respondent fails to schedule or attend their case resolution meeting the case may be resolved in their absence. If the case is resolved in absentia, the Respondent shall have waived their right to a hearing and a written resolution will be emailed to the Respondent. The Associate Director of Student Conduct (or designee) may place a hold on the Respondent’s account until such time as they confirm receipt of the written decision.

• Case Resolution Meeting Outcome:
  • If the Respondent waives their right to a Case Resolution Meeting and accepts the proposed outcomes or if the Respondent is found to be responsible by the preponderance of the evidence standard, the Case Resolution Officer will provide a summary of the findings and outcomes in the form of a letter. The letter will be sent to the Respondent within 10 calendar days of the date the decision is made.
  • The Case Resolution Officer will notify the High School Life team and/or appropriate University offices of the final decision. The Dean of High School Academic Program, the appropriate Art Dean, and/or the appropriate Art Administrative Council (HSAC) Representative for High School will be notified of the outcome, unless deemed unnecessary by the Associate Director for Student Conduct. The Respondent’s parent(s) or legal guardian(s) will be notified of the charge and the finding of responsibility. The Wellness Center will be informed if the Respondent is being referred for an assessment.
  • In each case there must be sufficient evidence to support the decision and the outcome. These Case Resolution Meetings are conducted as closed meetings.
• Overdue Outcomes: If the Respondent fails to compete assigned outcomes, the Office of Student Conduct may place a hold on the Respondent’s account until they complete all assigned outcomes.

• Appeal After Case Resolution Meeting : A Respondent who disagrees with the Case Resolution Meeting outcome may appeal to the Assistant Dean of Student Affairs and Director of Residence Life Programs & Housing. The Respondent does so by filing an Appeal Request (available from the Associate Director for Student Conduct (or designee)) within three calendar days of notification of the decision. Possible grounds for appeal are:
  • The evidence is not sufficient to support the finding of “responsible.”
  • There was procedural error sufficient to have altered the outcome of the Case Resolution Meeting.
  • There is new evidence that was not available to be considered at the time of the Case Resolution Meeting.

The written appeal is submitted to the Associate Director for Student Conduct (or designee) who will then forward the appeal and the entire record to the Assistant Dean of Student Affairs and Director of Residence Life Programs & Housing. They have five calendar days to respond. If the Respondent feels the Director would not be neutral, the Respondent may ask the Director to recuse himself or herself. If the Director recuses himself or herself either upon Respondent request or because of prior involvement in the case that might prejudice the outcome, they will appoint another Division of Student Affairs staff member to decide the appeal. Any decision concerning recusal (and the reason for the decision) shall be included in the file. The Respondent will receive a final decision within 10 calendar days. The appeal decision is final.

AOD Specific Outcomes

• Substance Use Assessment (SUA)
  • A student who is found responsible for an Alcohol and/or Other Drug violation must complete a Substance Use Assessment (SUA) at their own expense or have a meeting with a wellness educator. This requirement may be in addition to other outcomes or probationary conditions as determined by the Associate Director for Student Conduct. The student may elect either an off-campus or on-campus assessment provider. The UNCSA Wellness Center can provide an on-campus SUA.
  • The steps to complete the on-campus SUA are as follows:
    • Within five business days of receiving the final decision letter, the student must schedule the SUA appointment with the UNCSA Wellness Center.
    • The student will attend their first appointment.
    • The student will submit proof of completion of the SUA to the Associate Director of Student Conduct (or designee) by the deadline noted on the final decision letter.
  • The steps to complete an off-campus SUA are as follows:
    • Within five business days of receiving the final decision letter, the student must notify the Associate Director of Student Conduct (or designee) of their decision to use an off-campus provider.
    • Within five business days of receiving the final decision letter, the student must schedule an appointment with the off-campus provider.
    • The student will comply with the rules and regulations set by the approved off-campus provider. In addition, the student must complete all requirements set by the approved off-campus provider.
    • The student will submit proof of completion of the SUA to the Associate Director of Student Conduct (or designee) by the deadline noted on the final decision letter.

Note: Missed SUA appointments will result in a late fee. Substance Use Assessment fees cannot be appealed or waived.

Note: Failure to complete the SUA within the specified time frame will constitute a major infraction with the potential consequence of suspension.

• Drug Screening/Testing
  • A student who is found responsible for a drug violation may be assigned to complete a urine drug screen at their own expense, no less than 30 days from receiving the final decision letter. This requirement may be in addition to other outcomes or probationary conditions as determined by the Associate Director of Student Conduct (or designee). The steps to complete the urine drug screen are as follows:
    • The student must schedule their drug screening for the week listed on the final decision letter. The lab must be able to send test results via fax, mail, or email directly to the Associate Director of Student Conduct (or designee).
    • The Associate Director of Student Conduct (or designee) will notify the student of the outcome of the drug screen within five business days of receiving the results.

Note: Failure to follow steps for compliance may result in further outcomes. In addition, a positive drug screening may constitute a Major Infraction with the potential consequence of suspension, dismissal or expulsion. If suspended, the student will have to provide proof of successful completion of a substance use assessment which includes drug testing. A letter is needed from a Licensed Clinical Addiction Specialist or equivalent verifying completion of the program.