The National Drug Control Strategy issued in September 1989 proposed that the Congress pass legislation requiring schools, colleges and universities to implement and enforce firm drug prevention and education programs as a condition of eligibility to receive federal financial assistance. On December 12, 1989, the President signed the Drug-Free Schools and Communities Act Amendments of 1989 which required that institutions of higher education implement a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by its students and employees on school premises or as part of any of its activities.
This law, in addition to the Drug-Free Work Place Act (Pub. L. No. 100-690, 5151-5160) which requires applicants for federally funded grants and contracts to certify that they will institute affirmative steps to prohibit the unlawful manufacture, distribution, possession, and use of controlled substances in the work place, establishes the legal requirements of McNeese State University's policy.
MSU Philosophy Related to Substance Abuse
McNeese State University has long recognized that an academic community is harmed in many ways by the abuse of alcohol and the use of other drugs. This high risk behavior is exemplified by decreased productivity of members of the community, serious health problems, strained social interactions as well as forms of vandalism. Problems associated with the illicit use and abuse of substances have a pervasive impact upon our academic community and are not associated with a singular socioeconomic group or age level. The process of education and learning are especially impaired by alcohol abuse and the use of illicit drugs.
McNeese State University subscribes to the basic philosophy of the Network of Colleges and Universities Committed to the Elimination of Drug and Alcohol Abuse which states:
- The institutional establishment enforces clear policies that promote an educational environment free from the abuse of alcohol and other drugs.
- The institution will provide education for its members for the purpose of preventing alcohol and other drug abuse as well as educating them about the use of legal drugs in ways that are not harmful to self or others.
- McNeese will create an environment that promotes and reinforces healthy responsible living; respect for community laws; campus standards and regulations; the individual's responsibility within the community; and the intellectual, social, emotional, spiritual or ethical, and physical well-being of its community members.
- The institution will provide for a reasonable level of care for alcohol and drug abusers through counseling, treatment and referral.
The foundation of the philosophy concerning alcohol and drug abuse for McNeese State University is the firm commitment to an educational program which provides the adequate information and counseling to help all members of the academic community to make informed and responsible decisions concerning the use of any controlled substance. The institution is committed to a healthy environment for learning and living within the campus community and offers extensive resources and services to students to assist them with drug and alcohol abuse concerns through the University's Counseling Center and Student Health Services. Employees may seek treatment options and support resources through health insurance plan benefits and employee assistance programs of the Louisiana Office of Group Benefits. Students and employees alike may be encouraged to contact local health and human services agencies and organizations for assistance in obtaining information about substance abuse treatment options.
McNeese State University prohibits the unlawful manufacture, distribution, possession, and use of any narcotics, barbiturates, amphetamines, marijuana or any other controlled substance as defined in Schedule 1 through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15. Any full or part-time officer or employee of the University, including faculty, other unclassified staff, classified staff, and students, found in violation of the above policy shall be subject to disciplinary action, up to and including termination of employment or suspension from the University and unlawful violations will be subject for referral to the appropriate authorities for prosecution.
Drug Testing Policy (added May 2007)
The employees of the State of Louisiana are among the state's most valuable resources, and the physical and mental well-being of these employees is necessary for them to properly carry out their responsibilities. Substance abuse causes serious adverse consequences to users, impacting on their productivity, health and safety, dependents, and co-workers, as well as the general public.
The State of Louisiana and McNeese State University (MSU) have a long-standing commitment to working toward a drug-free workplace. In order to curb the use of illegal drugs by employees of the State of Louisiana, the Louisiana legislature enacted laws that provide for the creation and implementation of drug testing programs for state employees. Further, the Governor of the State of Louisiana issued Executive Order 98-38 providing for the promulgation by executive agencies of written policies mandating drug testing of employees, appointees, prospective employees and prospective appointees, pursuant to Louisiana Revised Statute 49:1001, et seq.
The context of this policy will be pursuant to this Statute and to the Drug-Free Schools and Communities Act of 1986, the federal Drug-Free Workplace Act of 1988, the Drug-Free Public Housing Act of 1988, the Louisiana Drug Testing Act of 1990, the Omnibus Transportation Employee Testing Act of 1991, the Federal Highway Administration procedures, Title 49CRF part 40 and part 382 et al., Louisiana Revised Statutes 23:1081and 1601, 30:2173(2), 32:1502(5), and Executive Order MJF 98-38.
To view the policy in its entirety, please access the above referenced website.
The University prohibits the unlawful use or sale of any alcoholic beverages and the possession or consumption in any form on the University campus except in those areas where the President or his/her designee has authorized the serving or sale of legal beverages in accordance with the provisions of the state and local law and ordinance and prescribed University regulations.
A copy of the University of Louisiana System Board of Supervisors policies concerning alcohol use and sale may be obtained from the Office of Student Services or from the University of Louisiana System.
As a condition of employment, all employees of McNeese State University shall abide by the terms of this policy statement and will notify the University of any criminal drug statute conviction for a violation occurring in the work place no later than ten (10) days after such conviction. For purposes of this policy, "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
According to Louisiana Revised Statute 49:1001-1021, the System's Administrative Office is authorized to proceed with drug testing of employees. The context of this policy will be pursuant to this Statute and to the Drug-Free Schools and Communities Act of 1986, the Federal Drug-Free Workplace Act of 1988, the Drug-Free Transportation Employee Testing Act of 1991, the Federal Highway Administration procedures, Title 49CRF part 40 and part 382 et al., Louisiana Revised Statutes 23:1081 and 1601, 30:2173(2), 32:1502(5), and Executive Order MJF 98-38.
A copy of the University of Louisiana System Board of Supervisors policy concerning employee drug testing may be obtained from the Office of Human Resources.
See also http://www.mcneese.edu/police/drugs#policy