V - 2.20 Policy on Substance Use for Employees and Students

I. Reason for Policy

This policy assures compliance with Bowie State University’s responsibilities under the Federal Drug-Free Schools and Campuses Act, the State of Maryland Workplace Substance Abuse Policy - Executive Order 01.01.2023.16, University System of Maryland Policy VII-1.10, Policy on a Drug and Alcohol-Free Workplace for Employees, and federal, state, and local laws.

II. Application and Scope

This policy applies to students, faculty, staff, and visitors to Bowie State University.

III. Definitions

When used in the Bowie State University Policy on Substance Use for Employees and Students or any of its appendices, terms have the following definitions:

  1. Affiliate: Any person who requires University resources to work in conjunction with Bowie State University who is not a student or employee. This includes volunteers, unpaid interns, visiting scholars, and independent contractors.
  2. Alcoholic Beverages: A product fit for beverage purposes and contains one-half of 1 percent or more of alcohol by volume, as defined by the Comptroller of Maryland Consumer Alcohol This includes beer, distilled spirits, and wine.
  3. Campus Member(s): All students, faculty, staff, and affiliates of Bowie State University.
  4. Cannabis: Refers to all products derived from the Cannabis sativa plant, and is also called by many names (marijuana, weed, pot, cannabis, hash). The word “marijuana” refers to parts of or products from the plant that contain substantial amounts of tetrahydrocannabinol (THC). THC is the substance that’s primarily responsible for the effects of marijuana on a person’s mental state. 
  5. Code of Student Conduct: Outlines Bowie State University’s standards regarding personal conduct by (1) prescribing the standards of conduct expected of students; (2) outlining actions which can be taken when student misconduct occurs; (3) establishing procedures which ensure due process in the adjudication of complaints concerning students; and (4) imposing sanctions in the University setting to protect, deter, and educate students that violate the Code of Student Conduct.
  6. Common Source Container: Kegs, coolers, pitchers, punch bowls, bathtubs, trash cans, common shared refrigerators, or similar common source containers of Alcoholic Beverages intended to serve as a source of open access to Alcoholic Beverages at a party or other gathering.
  7. Consume: To use, eat, or drink (e.g., smoke, vape, edibles, food, or beverages) alcohol or cannabis products.
  8. Controlled Substances: Substances (e.g., cannabis, opioids, hallucinogens, depressants, stimulants, steroids, narcotics) as defined by the Controlled Substances Act, 21 U.S.C. §801 et seq.
  9. Controlled Dangerous Substance (CDS) Violation: The manufacture, use, distribution, or possession of controlled substances per CRIMINAL LAW Code Ann. § 5-101.
  10. Disciplinary Record: A record containing documents related to University disciplinary matters that may include, but is not limited to, the outcome and any imposed sanction(s) of any disciplinary action taken by the University against an employee, student, student organization, or administrative unit.
  11. Employee: Any faculty, staff member, or student employee, whether part-time or full-time, permanent, or temporary, and includes post-doctoral scholars. University employees who are also students are considered students if their employment status requires them to be students (e.g., teaching assistants, resident advisors). An individual who is both a student and an employee whose position does not require them to be a student is considered to be an employee when acting in the course of their employee duties and is considered a student when acting in their role as a student.
  12. Open Container: Any container of alcohol that is open or has at any point had the manufacturer’s seal broken and lid replaced. Examples include, but are not limited to, a solo cup, water bottle, open bottle, or can containing any amount of Alcoholic Beverage.
  13. Person: Considered to be used in this Policy as any Employee, Student, Student Organization, or Administrative Unit, and can be used interchangeably except regarding medical amnesty.
  14. Policy: Except as otherwise noted, the term 'Policy' or 'this Policy' refers to the Bowie State University Policy on Substance Use for Employees and Students.
  15. Retaliation: Actions or words directed against an individual for the purpose of impermissibly discouraging or intimidating an individual from reporting or participating in the adjudication of a potential Substance Abuse violation. Retaliation also includes actions or words directed against an individual for the purpose of punishing or harming an individual who has reported or participated in the adjudication of an Alcohol Policy violation.
  16. Sanction(s): An action imposed upon any student found responsible for an offense, breach of regulation(s)/policies, and/or violation(s) of the Code of Student Conduct. A list of possible sanctions can be found in Section 8. Sanctions of the Bowie State University Code of Student Conduct.
  17. Student: The term "Student" means any of the following:
    1. a person enrolled in or attending classes, whether full-time or part-time, at or through the University, both on and off-campus;
    2. a person not currently enrolled for a particular term at the time the alleged violation occurred but has a continuing relationship with the University; or
    3. a person participating in any University-sponsored program (e.g., pre-matriculation orientation programs).
  18. Student Group: A number of persons who are associated with each other but who do not have status as an officially recognized student organization.
  19. Student Organization: Any group of students meeting the University’s criteria for organizational recognition or registration established by the University or its units, colleges, or departments.
  20. Substance Abuse: The illegal use of drugs and/or the use and/or abuse of alcohol.
  21. University: Bowie State University and all of its undergraduate, graduate, and professional schools and colleges, and administrative units.
  22. University Administrative Unit: A constituent part of the University, such as a department, division, program, college, or school.
  23. University Premises: Includes all land, buildings, or grounds owned, leased, or rented, operated, controlled, or supervised by the University and adjacent sidewalks and streets.
  24. University Sponsored Event: Any event or activity on- or off-campus which is initiated, aided, funded, authorized, or supervised by the University or any authorized University official(s) (e.g., affiliated student, student organization or group, staff, faculty, department, athletic events, entertainment venues, development/fundraising function).
  25. Visitor: Any person on University property or attending a University-sponsored event who is not an employee, student, or affiliate.

IV. Policy Statement

Bowie State University (the University) is committed to providing annual substance use education and prevention and will take appropriate disciplinary actions to provide a substance-use free environment in which employees and students may thrive intellectually and socially. The illegal or abusive use of drugs or alcohol by any member of the University community can not only negatively impact their ability to achieve educational, career, and personal goals, but also can jeopardize the safety of the individual and the University community, and adversely affect the mission of the University. Therefore, the University is committed to having a campus that is free of the illegal or abusive use of drugs and alcohol.

The University does not allow the use of controlled substances and/or the abuse of alcohol by employees and students on University property, the areas surrounding campus, in residence halls owned, operated, and/or leased by the University, or at University-sponsored events, whether on or off campus.

Student groups must obtain prior authorization from the Vice President of Student Affairs to distribute alcohol at student-sponsored events. Unauthorized possession, use, or distribution of alcoholic beverages is prohibited by any student or student group on campus or at University-sponsored events on and off campus and may result in disciplinary sanctions as outlined in Section B of this policy.

Alcohol use is prohibited in all residence halls owned, leased, and/or operated by the University. In accordance with Maryland law, anyone who willfully furnishes an alcoholic beverage to any individual under the age of 21 years is subject to civil and criminal penalties or both.

Alcohol abuse is a form of substance abuse. It is a violation of Maryland law for persons under 21 to purchase, possess, or consume alcohol. It is also unlawful: to knowingly and willfully misrepresent one’s age to obtain alcohol; to purchase alcohol for a minor; and to possess open containers of alcohol in a public place. Furthermore, the use of common source containers as a source of open access to Alcoholic Beverages is strictly prohibited. The State of Maryland also prohibits drinking and driving. If a person drinks and drives, they may be arrested, fined, and/or sentenced to jail time. For more information, review Maryland’s Impaired Driving Laws.

The use of cannabis is strictly prohibited on campus, including buildings, residence halls, stadiums, public areas, and at University-sponsored events off campus, regardless of age or medical marijuana card status. The University receives federal funds, such as financial aid to students and federal grants. For this reason, the University must comply with the Drug-Free Schools and Communities Act and the Drug-Free Workplace Act. This requires maintaining a drug-free campus. If the University does not comply with federal laws and regulations, it risks losing federal funds, including student loans.

The University strives to maintain a workplace free from the illegal manufacture, use, distribution, or possession of controlled substances (Controlled Dangerous Substances (CDS) Violations). Persons who commit CDS Violations also violate the University’s Code of Student Conduct and Employee Handbook. Violators are also subject to civil and University authorities for compliance with State and local laws, which may result in criminal prosecution and/or penalties as detailed herein - Penalties for Substance Abuse of this policy.

V. Procedures

  1. EDUCATION

          In accordance with federal law, there will be an annual distribution to each employee and student of the:

    1. Dangers of drug abuse in the workplace and community at large.
    2. Institution’s policy on maintaining a drug-free workplace and drug-free campus.
    3. Standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs, cannabis, and the misuse or abuse of alcohol by students and employees on University property or as part of any University-sponsored events.
    4. Applicable legal sanctions under local, state, or federal law.
    5. Health risks associated with the use of illicit drugs, cannabis, and abuse of alcohol.
    6. Available drug or alcohol counseling, treatment, or rehabilitation and/or reentry programs.
    7. Disciplinary sanctions that the University will impose on students and employees.
  2. DISTRIBUTION

          This policy will be posted to the University website and distributed annually by the following responsible division/office:

    1. The Division of Academic Affairs will be responsible for the distribution of this policy to faculty.
    2. The Division of Student Affairs will be responsible for the distribution of this policy to students.
    3. The Office of Human Resources will be responsible for the distribution of this policy to staff.

      C. PROCEDURES FOR REPORTING SUBSTANCE ABUSE

The University expects that any observed or suspected violation of the Policy on Substance Use for Employees and Students be reported to the Campus Police. Upon observing suspected CDS Violations, including the illegal use of alcohol or cannabis, employees, and/or students should:

    1. Employees should immediately report the activity to Campus Police and then notify their supervisor. Upon observation, employees suspected of being impaired will be subject to drug and alcohol testing. Employees involved in an accident that results in significant personal injury or property damage may be subject to appropriate drug and alcohol testing. Refusal to comply with testing will be grounds for immediate termination.
    2. Students should immediately report the activity to Campus Police. If observed in the residence halls, they should also notify a housing staff member.
    3. Use sound judgment before approaching any individual suspected of using illegal drugs or alcohol. Do not touch or handle any drugs or alcohol you may find. Instead, leave it in their original location until the authorities are able to act.
    4. The Campus Police will determine if State or federal laws have been violated. The Office of Human Resources and the Office of Student Conduct will investigate any situation involving illegal drug or alcohol use for employees and students, respectively.

      D. PENALTIES FOR SUBSTANCE ABUSE 

Sanctions for violating the University’s Policy on Substance Use for Employees and Students can vary depending on the violation to include mandatory counseling, suspension, termination(employees) or expulsion (students) from the University. The University encourages employees or students who may be struggling with substance usage or addiction to seek out additional resources found in Section F. of this policy: Available Drug and Alcohol Programs.

      1. Penalties for Faculty, Staff, and Student Employees

The University strongly encourages the use of counseling and/or drug and/or alcohol rehabilitation programs as an effective measure in creating a drug-free workplace program. However, any employee who violates this policy by being involved in the unlawful manufacture, distribution, dispensation, possession or use of controlled substances, cannabis, or alcohol in the workplace, or otherwise on University property, will be subject to legal penalties under federal and state law and will be subject to departmental disciplinary action that could result in termination of employment from the University, and/or be required to participate and successfully complete a substance abuse assistance or rehabilitation program.

      2. Penalties for Students

In addition to federal and state law and the policies of the University System of Maryland, students shall be governed by the University’s Code of Student Conduct. Any student suspected of CDS Violations will be referred to the Office of Student Conduct and Community Standards in accordance with the University Code of Student Conduct and will be subject to disciplinary actions and possible criminal prosecution. Disciplinary proceedings may proceed whether or not criminal charges related to the same incident have been resolved.

      3. Sanctions

Employees or students found responsible for violating the University’s Policy on Substance Use for Employees and Students will be subject to possible disciplinary actions and sanctions (see List below) that may include, but are not limited to, termination, suspension, or expulsion. The University has Zero Tolerance for severe violations of the policy, such as possession with intent to sell, manufacture or distribute, and operating heavy machinery or motor vehicle while under the influence which will result in termination (employees) or expulsion (students) from the University and/or per Maryland law, Md. Code, Criminal Law Article §5-601 et seq., imprisonment (length of time varies) and fines, if convicted. Employees who violate this policy will be subject to progressive discipline as outlined in the University’s Employee Handbook or immediate termination in the case of severe offenses.

      List of Possible Disciplinary Actions and Sanctions for Substance Use Violations for Students

      FIRST OFFENSE

  • Complete 10 hours of community service
  • Complete ATOD training
  • Complete Counseling Services intake assessment
  • Disciplinary probation
  • Loss of campus privileges
  • Suspension from or loss of University housing for the academic year (No Refund)
  • Parent notification
  • Pay a $100 education program fee

      SECOND OFFENSE

  • Complete 25 hours of community service
  • Disciplinary probation or suspension for one academic year
  • Follow-up training with ATOD
  • Follow-up assessment with Counseling Services
  • Loss of campus privileges
  • Loss of University housing for the academic year (No Refund)
  • Suspension
  • Parent notification
  • Pay a $100 education program fee
  • Pay a $300 2nd offense fee

      THIRD OFFENSE

  • Expulsion from the university
  • Loss of campus privileges
  • Off-campus Drug Education/Treatment Program
  • Parent notification

      E. RECIPIENTS OF FEDERAL GRANTS/CONTRACTS/AWARDS

Any employee or student applying for a) a federal grant/contract in which a drug-free workplace policy is required; b) a “Pell Grant” or any other student/faculty grant/award or fellowship in which a drug-free workplace policy has been required; and/or c) a subcontract with the Department of Defense, will be required to comply in accordance with federal regulations.

    1. Each individual must certify in writing to abide by the terms of the University’s Policy on Substance Use for Employees and Students.
    2. Each individual must notify the Office of Research and Sponsored Programs or the Financial Aid Office of any criminal drug conviction for a violation occurring in the workplace, no later than 5 days after conviction.

The University will be responsible for notifying any contracting or granting agency, within ten days of receiving notice of a conviction as described in #2 above from the employee, or otherwise receiving actual notice of the conviction.

If a grant or award is directly made to an individual, rather than to the institution, the individual will certify in writing to the institution to not engage in unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance in the workplace or while conducting any work activity with the grant/contract and will abide by the terms of the University’s Policy on Substance Use for Employees and Students.

      F. AVAILABLE DRUG AND ALCOHOL PROGRAMS

    1. Employee Assistance Program (EAP): The University recognizes that alcohol and substance abuse, marital and family problems, financial crises, and other social and health problems could affect an employee’s performance. The University provides a referral to an Employee Assistance Program, Guidance Resources, where trained counselors and health care providers assist employees in recognizing and resolving these problems. For information about EAP referral and offered services, contact the Office of Human Resources at 301-860-3452.
    2. Student Support: Students may receive confidential and professional counseling through the University Counseling Services. Referrals and information concerning community resources are available through ATOD Prevention Center (301-860-4127) or Counseling Services (301-860-4161).

      G. RELATIONSHIP WITH EXTERNAL CONTRACTORS

The University will encourage all non-state entities that do business with the University or otherwise receive funds from the University to adopt best practices in an effort to eliminate illegal drug use and drug and alcohol abuse from their workplace. Furthermore, in accordance with Executive Order 01.01.1989.18, the University shall take the necessary and appropriate action to require a drug-free workplace, in accordance with applicable federal and state law, of each recipient of a State contract, grant, loan, or other state funding instrument.

      H. PERIODIC REVIEW

The University’s Policy on Substance Use for Employees and Students will be reviewed and assessed for effectiveness and updated biennially, as needed, based on new laws and best and evidence-based practices. 

      I.  GOOD FAITH EFFORTS

Bowie State University is committed to having a drug-free and substance abuse-free workplace and campus and will work to maintain the implementation of this policy at all times.

VI. Health Risks Associated with Substance Use

      A. HEALTH RISKS ASSOCIATED WITH ILLICIT DRUGS

All drug use comes with risks, which can lead to dependence and addiction, injury and accidents, health problems, sleep issues, and more. Over time, the regular or habitual use of illicit drugs can also cause other harms, including:

  • Cocaine: Highly addictive, cocaine is involved in nearly one in five overdose deaths; its health effects include asthma, bowel decay, and increased risk of     HIV.
  • Methamphetamine (Meth): Meth causes devastating health effects, and sometimes death, even on the first try. Meth speeds up the body’s systems to     dangerous levels. Chronic users experience anxiety, confusion, insomnia, paranoia, aggression, and more.
  • Prescription and illicit opioids: Highly addictive, the substances are the top cause of overdose deaths; health effects include confusion, nausea,   constipation, coma, and brain damage.
  • Marijuana: Though legal in many states, studies link marijuana use to various negative outcomes (see next section below).

      More information is available by visiting https://www.samhsa.gov/adult-drug-use.

      B. HEALTH RISKS ASSOCIATED WITH CANNABIS (MARIJUANA)

About 1 in 10 people who use marijuana may become addicted to marijuana, and 1 in 6 when use begins before age 18. Today’s marijuana has more than 3 times the concentration of THC than marijuana from 25 years ago. More THC, the mind-altering chemical in marijuana, may lead to an increase in dependency and addiction. Marijuana use can have negative and long-term effects on:

  • Brain health: Marijuana can cause permanent IQ loss of as much as 8 points when people start using it at a young age. These IQ points do not come back,   even after quitting marijuana.
  • Mental health: Studies link marijuana use to depression, anxiety, suicidal ideation, and psychotic episodes. It is not known, however, if marijuana use is the   cause of these conditions.
  • Athletic Performance: Research shows that marijuana affects timing, movement, and coordination, which can harm athletic performance.
  • Driving: People who drive under the influence of marijuana can experience dangerous effects: slower reactions, lane weaving, decreased coordination, and difficulty reacting to signals and sounds on the road.
  • Baby’s health and development: Marijuana use during pregnancy may cause fetal growth restriction, premature birth, stillbirth, and problems with brain development, resulting in hyperactivity and poor cognitive function. THC and other chemicals from marijuana can also be passed from a mother to her baby through breast milk, further impacting a child’s healthy development.
  • Daily life: Using marijuana can affect performance and how well people do in life. Research shows that people who use marijuana are more likely to have   relationship problems, worse educational outcomes, lower career achievement, and reduced life satisfaction.

      More information is available by visiting https://www.samhsa.gov/marijuana.

      C. HEALTH RISKS ASSOCIATED WITH ALCOHOL

Drinking too much alcohol can harm your health. Excessive alcohol use led to more than 140,000 deaths and 3.6 million years of potential life lost each year in the United States from 2015 to 2019, shortening the lives of those who died by an average of 26 years. Further, excessive drinking was responsible for 1 in 5 deaths among adults aged 20-49 years. The economic costs of excessive alcohol consumption in 2010 were estimated at $249 billion, or $2.05 a drink. Short- and long-term health risks include:

  • Injuries, such as motor vehicle crashes, falls, drownings, and burns.
  • Violence, including homicide, suicide, sexual assault, and intimate partner violence.
  • Alcohol poisoning, a medical emergency that results from high blood alcohol levels.
  • Risky sexual behaviors, including unprotected sex or sex with multiple partners, which can result in unintended pregnancy or sexually transmitted infections, including HIV.
  • High blood pressure, heart disease, stroke, liver disease, cancer, and digestive problems.
  • Learning and memory problems, including poor school performance.
  • Mental health problems, including depression and anxiety.
  • Alcohol use disorders, or alcohol dependence.

      More information is available by visiting https://www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm.

VII. Resources

VIII. Responsible Executive and Division/Office

Responsible Executive:        Provost and Vice President for Academic Affairs

Responsible Division/Office: Division of Academic Affairs

 

Responsible Executive:        Vice President for Enrollment Management and Student Affairs

Responsible Division/Office: Division of Student Affairs

 

Responsible Executive:        Vice President for Administration and Finance

Responsible Division/Office: Office of Human Resources and Bowie State University Police Department 

IX. RELATED POLICIES

USM VII – 1.10 Policy on Drug & Alcohol-Free Workplace for Employees

Employee Handbook

Student Code of Conduct

 

Effective Date: May 29, 2025