Biennial Review For Drug And Alcohol Abuse - Palmer College Of Chiropractic

Transcription

December 31, 2020Biennial ReviewCompliance with Drug Free Schools and Campuses RegulationsFor years 2018-2019

ContentsChapter 1: Introduction . 3Chapter 2: Compliance with the Drug-Free Schools and Communities Act. 5Chapter 3: Palmer College Drug and Alcohol Policies . 8Chapter 4: The Dangers of Drug & Alcohol Use .25Chapter 5: Education .28Chapter 6: Drug & Alcohol Related Services .29Chapter 7: Campus Statistics .33Chapter 8: Federal Statutes Governing Alcohol and Illicit Drugs.34Chapter 9: Statutes Governing Alcohol and Illicit Drugs: Davenport Campus .37Chapter 10: Statutes Governing Alcohol and Illicit Drugs: West Campus .40Chapter 11: Statutes Governing Alcohol and Illicit Drugs: Florida Campus .42Chapter 12: Review.50

CHAPTER 1: INTRODUCTIONThe Drug Free Schools and Campuses Regulations (34 CFR Part 86) of the Drug-Free Schools andCommunities Act of 1989 (DFSCA) require an institution of higher education (IHE) such as PalmerCollege of Chiropractic to certify it has adopted and implemented programs to prevent the illicit useof drugs and the abuse of alcohol by its students and employees both on its premises and as a partof any of its activities. The term “College” as used throughout this report refers to the entire unit ofPalmer College of Chiropractic, including operations on the Davenport, Iowa, campus; the San Jose,California campus; and the Port Orange, Florida, campus.At a minimum, each institution of higher education must annually distribute the following in writingto all students and employees: Standards of conduct that clearly prohibit the unlawful possession, use, or distribution ofillicit drugs and alcohol by students and employees; A description of the legal sanctions under local, state, or federal law for the unlawfulpossession or distribution of illicit drugs and alcohol; A description of any drug or alcohol counseling, treatment, or rehabilitation programs thatare available to students or employees; and A clear statement that the institution will impose sanctions on students and employees and adescription of those sanctions, up to and including expulsion or termination of employmentand referral for prosecution, for violations of the standards of conduct.The College acknowledges its obligation to conduct a biennial review of compliance with the DrugFree Schools and Communities Act and authorized an administrative review to be conducted todetermine if the College fulfills the requirements of these Federal regulations. The intention of thisdocument is to meet the legal requirements of conducting a biennial review and summarize theprograms and activities related to alcohol and drug prevention on the Palmer College ofChiropractic’s three campuses between 2018 and 2019. The biennial review has followingobjectives: Determining the effectiveness of the policy and implementing changes to the alcohol andother drug programs if they are needed; Ensuring that the sanctions developed are enforced consistently; Determining the number of drug-and alcohol-related violations and fatalities occurring onthe College campus or as part of College activities that are reported to College officials; and Determining the number and types of sanctions the College imposes on students oremployees as a result of such violations or fatalities.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu3

The following College departments provide information for the biennial report: Student Services Department Safety and Security Department Office of Compliance1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu4

CHAPTER 2: COMPLIANCE WITH THE DRUG-FREE SCHOOLS AND COMMUNITIES ACTPalmer College of Chiropractic is committed to maintaining an environment conducive to theintellectual and personal development of students and to the safety and welfare of all members ofthe College community. Further, the College recognizes the inherent risks to the total Collegecommunity associated with alcohol and other drug abuse. As such, the College has publishededucational information and established a policy and associated processes to: Promote a safe, healthy and learning-conducive environment and productive workplace; Develop, disseminate, interpret and support the enforcement of College policies andprocesses that are consistent with local, state, and federal law; Foster awareness about and prevent the unlawful possession, use, or distribution of illicitdrugs and alcohol by all students and employees on College premises or at College-relatedactivities or service functions on or off College premises or at non-College activities onCollege premises that adversely affect the College community and/or the pursuit of itsobjectives; Promote healthy choices concerning the use of alcohol and other drugs, emphasizing theelimination of illegal use, high-risk behavior, harmful use, and related violence; and Provide information about available intervention, evaluation, referrals, and treatmentservices.The College continues to comply with the requirements of the Drug-Free Schools and CommunitiesAct and has adopted and implemented programs to prevent the abuse of alcohol and use ordistribution of illicit drugs by its students and employees as demonstrated by this biennial review.The College maintains written policies on alcohol and other drugs and distributes this policy to everystudent and employee.The written materials are annually distributed by Federal mandate and contain the followinginformation: Standards of conduct that clearly prohibit unlawful manufacture, possession, use, ordistribution of illicit drugs and alcohol on College property or as a part of College activities A description of the health risks associated with the use of illicit drugs and abuse of alcohol A description of applicable legal sanctions under Local, State, and/or Federal law A description of counseling, treatment, and rehabilitation programs A clear statement and description of the disciplinary sanctions the institution will impose onstudents and employees.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu5

As a part of the biennial review, the following data, resources, and programs were examined: “Complying with The Drug-Free Schools and Campuses Regulations (EDGAR Part 86), AGuide for University and Campus Regulations” a publication of the Higher EducationCenter for Alcohol and Other Drug Abuse and Violence Prevention The 1998 amendments to the Higher Education Act of 1965 (P.L. 105-244) The Drug-Free Schools and Communities Act Amendments of 1989 (P.L. 101-226) Federal Student Aid (FSA) Handbook for financial aid administrators Drug-Free Workplace Act of 1988 National Institute on Alcohol Abuse and Alcoholism, Alcohol Policy U.S. Department of Justice, Drug Enforcement Administration, “Drugs of Abuse” 2015Edition Palmer College of Chiropractic Annual Security and Fire Safety Report Palmer College of Chiropractic Catalog Palmer College of Chiropractic Student Handbook (Code of Ethics) Palmer College of Chiropractic Student Clubs and Activities Handbook Palmer College of Chiropractic Student Orientation Training PowerPoint slideshow Palmer College of Chiropractic Staff Handbook Palmer College of Chiropractic Institutional Policy for Drug and Alcohol Abuse Palmer College of Chiropractic annual crime statistics Alcohol and other drug policy documents distributed to all faculty, staff, and students at allthree campuses Summary review of the drug and alcohol educational programs provided to faculty, staff, andstudents at all three campuses Davenport, Iowa Municipal Code San Jose, California Code of Ordinances Port Orange, Florida Code of Ordinances Scott County, Iowa Code of Ordinances Santa Clara County, California Code of Ordinances Volusia County, Florida Code of Ordinances State of Iowa Code State of California Code of Regulations State of Florida Statutes1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu6

The Federally Mandated Policy about alcohol and other drugs is distributed to each staff memberand student as follows: A reference to the Palmer College of Chiropractic Institutional Policy for Drug and AlcoholAbuse is included in the Employee Handbook that all new employees (faculty and staff)receive during orientation. A reference to the Palmer College of Chiropractic Institutional Policy for Drug and AlcoholAbuse and the entire Student Code of Ethics are included in the student handbook.Information is also included in new student online compliance training.Palmer College’s drug and alcohol abuse and prevention program and related policies will bereviewed every two years for compliance and effectiveness. The materials developed pursuant tothese policies and the results of the biennial review will be reported to the Palmer College Provost,Chancellor, and Board of Trustees, and will be made available upon request and to the Secretary ofEducation if the College is chosen in a random selection by the Secretary for determination ofcompliance.Oversight ResponsibilityThe Senior Director of Safety and Security shall serve as the main contact that will have oversightresponsibility of the biennial review including, but not limited to: updates, coordination of requiredinformation, and coordination of the annual notification to employees and students and the biennialreview.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu7

CHAPTER 3: PALMER COLLEGE DRUG AND ALCOHOL POLICIESInstitutional Policy: Drug and Alcohol UsePalmer College of Chiropractic recognizes the inherent risks to the total College communityassociated with alcohol and other drug abuse. The College is committed to maintaining anenvironment conducive to the intellectual and personal development of students and to the safetyand welfare of all members of the College community. As such, the College has publishededucational information and established a policy and associated rules to: Foster awareness about and prevent the unlawful possession, use or distribution of illicitdrugs and alcohol by all students and employees on College premises or at College relatedactivities or service functions on or off College premises or at non-College activities onCollege premises that adversely affect the College community and/or the pursuit of itsobjectives; Develop, disseminate, interpret and support the enforcement of College policies and rulesthat are consistent with local, state and federal law; Promote healthy choices concerning the use of alcohol and other drugs, emphasizing theelimination of illegal use, high-risk behavior, harmful use and related violence; Promote a safe, healthy and learning-conducive environment and productive workplace; andProvide information about available intervention, evaluation, referral and treatment services.SCOPEThis policy applies to the entire College community and third parties.DEFINITIONSN/AADMINISTRATIVE RULESUse of Drugs or AlcoholThe College strictly prohibits the unlawful manufacture, sale, distribution, dispensing,possession, solicitation or use of alcohol or controlled substances. Additionally, the Collegelimits the presence, use, consumption, possession, sale, manufacturing, solicitation, ordistribution of alcohol by students, employees, or visitors to approved activities. At no time isany individual under legal drinking age or who is operating institution vehicles, machinery orequipment allowed to possess, use, or consume alcohol. At no time is abuse of alcoholpermissible.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu8

Fit for DutyAll employees and students are to report to work/school in a mentally and physically fit and safecondition. Employees must report to their supervisor any health situation or use of prescriptionand/or non-prescription medications which may inhibit the ability to perform his/her requiredjob duties. Any employee regarded as unfit for duty for any reason may not be permitted towork or may be temporarily reassigned until it is determined that said employee is free fromimpairment and fit and able for duty.Any student reporting to class under the influence or discovered to be under the influence ofalcohol or non-prescribed drugs, during the work/school day may be asked to leave thepremises.Requirement for NotificationAny employee who has been convicted of; pled guilty to; did not contest; forfeited bail; or wasgranted a deferred judgment to any drug or alcohol-related conduct under law or ordinance is tonotify the institution in writing through Human Resources within five days of the applicableevent. Failure to promptly report such violations may result in disciplinary action up to andincluding termination of employment.Any student who has been convicted of; pled guilty to; did not contest; forfeited bail; or wasgranted a deferred judgment to any drug or alcohol-related conduct under law or ordinance is tonotify the institution in writing through the Dean of Student Academic Affairs on theDavenport, Iowa and San Jose, California campuses and through the Director of StudentServices on the Port Orange, Florida campus within five days of the applicable event. Failure topromptly report such violations may result in disciplinary action up to and including dismissal.EducationThe College provides drug and alcohol awareness information to students and employees. Thiswill include the College’s policy and associated rules on drug and alcohol abuse, information onthe magnitude and dangers of drug and alcohol abuse and the availability of counseling andtreatment through student and employee assistance programs. (Refer to the “RelatedInformation” below and Chapter 5: Education).AMENDMENT OF POLICYThe College reserves the right to amend this policy from time to time as the interests of theCollege may require.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu9

STANDARD INSTITUTIONAL POLICY PROVISIONSInstitutional Policies are supplemented by provisions that are applicable to all institutionalpolicies. It is the responsibility of all employees and students to know and comply with thesestandards. Standard Provisions Applicable to All Institutional PoliciesAmendment of PolicyThe College reserves the right to amend this policy from time to time as the interests of theCollege may require.ASSOCIATED POLICIES, PROCESSES AND/OR PROCEDURESThis policy may be supplemented by division or department-specific policies, processes, and/orprocedures that describe policy implementation practices. Such supplemental procedures may beobtained from, referenced in, and/or linked from, the relevant division or department. It is theresponsibility of all employees and students to know and comply with any applicable processesand/or procedures.POLICIESN/APROCESSES/PROCEDURES Annual Security and Fire Safety Report Emergency Operations Plan - Students Emergency Operations Plan - EmployeesIMPORTANT CONTACTS Davenport CampusHuman Resources1000 Brady StreetDavenport, IA 52803(563)884-5258hr.dept.ia@palmer.edu Davenport CampusKevin Paustian, D.C., Ed.S.Dean of Academic AffairsAcademic Affairs(563) 884-5721kevin.paustian@palmer.edu West CampusHuman Resources1000 Brady Street West CampusGreg Snow, D.C.Dean of Academic Affairs1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu10

Davenport, IA 52803(563)884-5258hr.dept.ia@palmer.edu Florida CampusHuman Resources4777 City Center ParkwayPort Orange, FL 32129(386)763-2665hr.dept.fl@palmer.edu Student Academic Support Centers SecurityAcademic Affairs(408) 944-6008snow g@palmer.edu Florida CampusJason Brewer, M.S.Dean of StudentsStudent Services(386) 763-2781jason.brewer@palmer.eduRELATED INFORMATION Wellness Services InformationStandard Provisions Applicable to All Institutional PoliciesRESPONSIBILITIESIt is the responsibility of all employees and students to know and comply with this policy and allapplicable laws and public ordinances. Further, employees and students are expected to reviewthe proscribed conduct set forth in this policy, as well as, any associated division or departmentspecific procedures that describe policy implementation practices to ensure a clear understandingof the College’s expectations.DISCIPLINARY ACTIONAn employee in violation of this policy may be subject to disciplinary action up to and includingtermination of employment and/or given the opportunity to participate in rehabilitative servicesat his or her own expense.A student in violation of this policy may be subject to disciplinary action up to and includingdismissal and/or given the opportunity to participate in rehabilitative services at his or her ownexpense.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu11

REPORTING NONCOMPLIANCE, FILING A REPORTEmployees and StudentsEmployees, students, or any other member of the College community should reportallegations of noncompliance with this policy to the Office of Institutional Compliancethrough one of the designated individuals named below.College Officials:Supervisors, managers, administrators, faculty, and all other College officials who witness;are directly advised of; or become aware of allegations of noncompliance with this policy areto immediately advise one of the designated individuals named below.Earlye Adams Julien, PHR, M.S. Ed.,CQIASenior Director of Compliance1000 Brady StreetDavenport, IA 52803(563) 884-5476earlye.julien@palmer.eduLori Larsen, B.A., Lead CoordinatorAlso Serving as Compliance Coordinator1000 Brady StreetDavenport, IA 52803(563) 884-5246 or (800) 722-2586lori.larsen@palmer.eduPalmer College of Chiropractic, WestCampusMichael Crump, M.Ed., Director ofStudent ServicesAlso serving as ComplianceCoordinatorOffice of Student Academic Affairs90 E. Tasman DriveSan Jose, CA 95134(408) 944-6122michael.crump@palmer.eduPalmer College of Chiropractic, Florida CampusCheryl Shaw, M.B.A., PHR , Human Resources ManagerAlso Serving as Compliance Coordinator4777 City Center ParkwayPort Orange, FL 32129-4153(386) 763-2665cheryl.shaw@palmer.eduCONFIDENTIALITYThe College shall maintain the confidentiality of the information they receive, except wheredisclosure is required by law, policy or is necessary to facilitate legitimate College processes,including the investigation and resolution of allegations.The identity of participants in an investigation shall be maintained in confidence subject to thesame limitations above.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu12

Individuals who have reported questionable behavior or who have initiated or participated in thecomplaint procedures available are advised their identity may be known for reasons beyond thecontrol of college officials or investigators.REPORT CONTENT AND ANONYMITYBecause of the inherent difficulty in investigating and resolving allegations that are vague orfrom unidentified persons, the College encourages individuals to provide full information andidentify themselves when making reports of improper conduct. However, should the Collegereceive a generalized or anonymous report; such a report will be reviewed and investigated to theextent feasible.Anonymous reports may be made online at: Lighthouse ServicesRETALIATIONThe College strictly prohibits retaliation or reprisal of any kind against an individual who hasreported, attempted to report or provided information regarding potential violations of thispolicy or who has initiated or participated in the complaint procedures available or hasotherwise been involved in the process of responding to, investigating or addressing allegationsreported to the College.Any person who attempts either directly, indirectly or through someone acting on another’sbehalf to intimidate, threaten, retaliate, interfere with, restrain, coerce, discriminate against,violate a College No Contact Directive or harass any person for reporting, attempting to report, orpursuing a complaint, or is a witness cooperating in a College investigation will be addressed bythe College.Allegations of retaliation shall constitute separate grounds upon which a complaint may beraised under this policy.REPORTING FALSE CLAIMSAny individual who makes a false report or claim under this policy shall be subject to disciplinaryaction up to and including termination.INVESTIGATIONSThe College may determine an allegation of noncompliance with this policy requires aninvestigation. No one other than the appointed investigator will be allowed to conduct aninvestigation on behalf of the College. The College may impose any appropriate measures on aninterim basis where there is a reasonable cause to believe that such action is needed for thehealth, safety or welfare of members of the College community or to avoid disruption to the1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu13

work/educational environment. Such measures may include student suspension or employeeadministrative leave pending the outcome of an investigation.VIOLATION OF LAW AND COLLEGE POLICIESNoncompliance with the College’s policies includes any behaviors covered under applicablelaws. Individuals engaging in illegal activities may subject themselves to both College disciplineand individual criminal penalties under the law.Disciplinary proceedings may be instituted against an individual whose conduct potentiallyviolates both the criminal law and the College’s policies (that is, if both possible violations resultfrom the same factual situation) without regard to the pendency of civil or criminal litigation.Proceedings under this policy may be carried out prior to, simultaneously with, or following acivil or criminal proceeding at the discretion of the Chief of Compliance or designee.Determinations made, or disciplinary actions imposed under this policy shall not be subject tochange solely because criminal charges arising out of the same facts giving rise to violation of theCollege’s policies were dismissed, reduced or resolved in favor of or against the criminal lawdefendant.When a student or employee is charged by federal, state or local authorities with a violation oflaw, the College will not request or agree to special consideration for that individual because ofhis or her status as a student or employee with the College. If the alleged offense is also beingaddressed under College policy, the College may advise legal authorities of the existence of theCollege’s policies and how such matters are typically handled within the College processes.AMENDMENT OF POLICYThe College reserves the right to amend this policy from time to time as the interest of theCollege may require.Alcohol Use at College Events (Student Clubs and Activities Handbook)The College limits the presence, use, consumption, possession, sale, manufacturing, solicitation, ordistribution of alcohol by students, employees, or visitors to approved activities.All student clubs and organizations or employee committees, organizations or other groups are required toobtain written approval to serve alcoholic beverages at any College-sponsored event. Written approval mustbe obtained at least 20 business days prior to the scheduled event from the following: Davenport Campus - Vice Chancellor for Student Affairs West Campus – President Florida Campus – President1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu14

Guidelines: The following guidelines will govern all student events where alcoholic beverages areavailable: The abuse of alcohol will not be tolerated at any College event. All persons are obligated to abide by the laws of the state regarding the use and distributionof alcoholic beverages. Federal, state, and local laws, as well as College procedures,guidelines, and regulations must be observed at all events where alcoholic beverages areserved. It is unlawful to serve alcoholic beverages to any individual under the legal drinking age of21. It is unlawful for any person under the legal age of 21 to consume alcohol. Photographic proof of identification with a birthdate (driver’s license, student ID or anotherphotographic ID) is required as proper proof of age for all persons attending any approvedCollege event where alcoholic beverages are served. All persons of legal age to consume alcoholic beverages must be identified by a hand stamp(or other method of identification approved by the relevant College official above at allcampus events and activities where alcoholic beverages have been approved, to be served.) Outside organizations sponsoring events in the Palmer Alumni Auditorium where alcoholicbeverages are served, must require proper proof of age, (a photo ID) and utilize an approvedmethod of identifying persons eligible to consume alcoholic beverages; i.e., hand stamps,wristbands, etc. Any type of alcoholic beverage used as an award or prize may not be consumed at the eventat which the award or prize is presented and may be presented only to a person who is oflegal drinking age. No person who appears to be intoxicated will be served alcoholic beverages at a Collegeevent. Alcohol shall not be used in ways that may be harmful to either an individual or thecommunity. Alcohol is not to be used to demean or degrade any person. The promotion and utilization of alcohol in hazardous drinking activities; i.e., competitivedrinking, “chugging,” and other activities that employ peer pressure to force or persuadeparticipants to consume alcohol, is prohibited. Only a vendor holding a valid license must serve the alcohol. There are no exceptions tothis, unless prior written approval is obtained from the relevant College official above. Advertising to promote (or even suggest) the availability of alcoholic beverages at a Collegeevent is strictly prohibited.1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu15

Non-alcoholic beverages of equal quantity will be made available at all functions wherealcoholic beverages are served. Food must be served at all functions where alcoholic beverages are served. Such foodservices shall be free or at a nominal fee. All sponsors and hosts of events where alcoholic beverages are served are to makearrangements to provide designated driver services or alternative supervised transportationand must either announce or post readily visible signs at the event to inform guests that suchservices are available. At events where alcoholic beverages are served, the host group must make arrangements forappropriate security. Security is to include a member(s) of the host group as well as a facultyand/or staff representative. Security professionals or police officers must be employed and on the premises during allevents where alcoholic beverages are served. The number of security professionals or policeofficers required will be based on projected attendance. Club and organization funding requests cannot be used to purchase alcohol on or offCollege premises. This includes any clubs budgeted under Student Services.Alcohol cannot be purchased and distributed free of charge to members of any club or organizationon College premises. There are no exceptions to this unless prior written approval is obtained fromthe relevant College official above or the event is a College-wide event.All student clubs and organizations registered by the College and third parties allowed to use Collegefacilities must adhere to these guidelines. Any club or organization found to be in violation of therules in this document may face suspension or loss of recognition as a College club or organization.Disciplinary action up to and including dismissal may be taken against individuals who are membersof a club or organization found to be in violation.Students Convicted of Possession or Sale of Drugs (Federal StudentAid (FSA) Handbook)A federal or state drug conviction (but not a local or municipal conviction) can disqualify a studentfor FSA funds. The student self-certifies in applying for aid that he is eligible; you are not requiredto confirm this unless you have conflicting information.Convictions only count against a student for aid eligibility purposes (FAFSA question 23c) if theywere for an offense that occurred during a period of enrollment for which the student was receivingfederal student aid—they do not count if the offense was not during such a period, unless thestudent was denied federal benefits for drug trafficking by a federal or state judge (see drug abusehold sidebar). Also, a conviction that was reversed, set aside, or removed from the student’s record1000 Brady Street, Davenport, IA 52803-5214 P: 563-884-5662 F: 563-884-5393 www.palmer.edu16

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A reference to the Palmer College of Chiropractic Institutional Policy for Drug and Alcohol Abuse and the entire Student Code of Ethics are included in the student handbook. Information is also included in new student online compliance training. Palmer College's drug and alcohol abuse and prevention program and related policies will be