The Drug Free Schools and Campus Regulations (34 CFR Part 86) of the Drug Free Schools and Communities Act (DFSCA) require an institution of higher education (IHE) such as UH Maui College to certify it has implemented programs to prevent the abuse of alcohol and use or distribution of illicit drugs both by UHMC students and employees, both on its premises and as a part of any of its activities.
At a minimum each institution of higher education must annually distribute the following in writing to all students and employees:
- Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees;
- A description of the legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;
- A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
- A description of any drug or alcohol counseling, treatment, or rehabilitation or reentry programs that are available to employees or students; and
- A clear statement that the institution will impose sanctions on students and employees and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct.
The law further requires that the institution conduct a biennial review of its program with the following objectives:
Determining the effectiveness of the policy and implementing changes to the alcohol and other drug programs if they are needed; and
To ensure that the sanctions developed are enforced consistently.
UHMC Drug and Alcohol Abuse Prevention Program (PDF)
UH Maui College is committed to providing students, faculty, staff, and visitors a safe campus and workplace. The University recognizes the health risks associated with controlled substance use and alcohol misuse and is committed to supporting students and employees who seek treatment for these conditions.
The University also recognizes that controlled substance use and alcohol misuse diminish workplace and campus safety and undermine the campus’ ability to fulfill its mission of providing quality education for all students in an atmosphere that promotes intellectual pursuit, spiritual growth, and social, personal responsibility. Compliance with this policy is considered a condition of employment and attendance at UHMC and monitored by the Administration. All employees and students have been notified of this policy by print publication and on our website.
UH Maui College strives to remain in compliance with the requirements of the Drug Free Schools and Communities Act. The institute has adopted and implemented programs to prevent the abuse of alcohol and use or distribution of illicit drugs both by students and employees both on its premises and as a part of any of the University activities. UHMC has a written policy on alcohol and illegal drugs distributed to students during orientation, through access to the online Catalog. The Employee Manual also contains the Drug and Alcohol Abuse Prevention Policy. The materials are located on our website contain the following:
- Standards of conduct that prohibit unlawful possession, use or distribution of illicit drugs and alcohol on school property or as a part of its activities;
- A description of the health risks associated with the use of illicit drugs and abuse of alcohol;
- A description of counseling or treatment programs.
- A clear statement and description of the disciplinary sanctions the institution will impose on students and employees.
- The federally mandated policy about alcohol and other drugs will be discussed in more detail with students during orientation. In addition, the alcohol and drug policy will be presented to all employees with the distribution of the Employee Handbook.
Executive Policy EP 7.208, Systemwide Student Conduct Code, establishes guidelines relating to the Systemwide Student Conduct Code, including proscriptions against the use, possession, manufacturing, or distribution, or other unauthorized use of controlled substances or paraphernalia except as expressly permitted by law. Executive Policy EP 7.208 also prohibits the use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages (except as expressly permitted by UH System Policies, or state or federal law). The UHMC Student Conduct Code includes similar proscriptions and imposes sanctions where a student has been found "more likely than not" to have engaged in prohibited conduct. Sanctions that may be imposed include:
- Written Warning - A notice in writing to the student that the student is violating or has violated institutional regulations and a copy of the warning letter is placed in the student's disciplinary file.
- Probation - Probation is for a designated period of time (which may include the remainder of their enrollment at UHMC) and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. This sanction may require the student to meet with the VCSA (or his or her designee) upon request.
- Loss of Privileges - Denial of specified privileges for a designated period of time.
- Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Discretionary Sanctions - Work assignments, essays, service to UHMC, Community Service or other related discretionary or educational related assignments.
- UHMC No Contact Orders - No unnecessary contact between the Respondent and the Complainant, witnesses, or other individuals (when appropriate).
- Suspension—Separation of the student from UHMC for a definite period of time (usually 1 year or less) after which the student is eligible to return. Conditions for readmission may be specified. Suspensions may be effective immediately or deferred.
- Dismissal—Separation of the student from UHMC for more than 1 year. The student may be eligible for return. Conditions for readmission may be specified. Dismissals will be effective immediately unless otherwise stated.
- Expulsion—Separation of the student from UHMC permanently. Expulsions will be effective immediately, unless otherwise stated.
- Revocation of Admission and/or Degree—Admission to or a degree awarded from UHMC may be revoked for fraud, misrepresentation, or other violation of UHMC standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
- University Systemwide Sanctions - Pursuant to Executive Policy EP 7.205, pertaining to Systemwide Student Disciplinary Sanctions, a student may also be subject to University systemwide sanctions, including, but not limited to, suspension or dismissal resulting in the student being ineligible to attend all campuses of the University.
- Withholding of Degree or Certificate - UHMC may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Conduct Code, including the completion of all sanctions imposed, if any.
The sanctions for employees in bargaining units 1 and 10 will be in accordance with the drug and alcohol testing provisions contained within the collective bargaining agreements. For all other employees, progressive discipline will be in accordance with the employee's applicable collective bargaining agreement: possible sanctions may include disciplinary action ranging from reprimand to termination, and may include suspension without pay, disciplinary reassignment, disciplinary transfer, and demotion.
Tables summarizing federal trafficking penalties are set forth on pages 38 and 39 of Drugs of Abuse: A DEA Resource Guide / 2022 Edition.
Under the Hawai'i Penal Code, crimes are of three grades according to their seriousness: felonies; misdemeanors; and petty misdemeanors.
- Class A felony: fine not exceeding $50,000 and/or an indeterminate term of imprisonment of 20 years without possibility of suspension of sentence or probation.
- Class B felony: fine not exceeding $25,000 and/or imprisonment of not more than 10 years.
- Class C felony: fine not exceeding $10,000 and/or imprisonment of not more than 5 years.
- Misdemeanor: fine not exceeding $2,000 and/or imprisonment of not more than 1 year.
- Petty misdemeanor: fine not exceeding $1,000 and/or imprisonment of not more than 30 days.
In addition, promoting (possessing, distributing or manufacturing) drugs (including marijuana) and intoxicating compounds can result in a Class A, B or C felony, misdemeanor or petty misdemeanor.
Consuming or possessing intoxicating liquor while operating a motor vehicle or moped is subject to a fine of not more than $2,000 or imprisonment of not more than 30 days, or both.
Consuming or possessing intoxicating liquor while a passenger in a motor vehicle is a petty misdemeanor.
A person commits the offense of promoting intoxicating compounds if the person knowingly breathes, inhales, or drinks any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes; or sells or offers for sale, delivers or gives to any person under eighteen years of age, unless upon written order of such person's parent or guardian, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition when the seller, offeror or deliveror knows or has reason to know that such compound is intended for use to induce such condition. This offense is a misdemeanor.
A person commits the offense of promoting intoxicating liquor to a person under the age of twenty-one if the person recklessly sells or offers for sale, influences the sale, serves, delivers, or gives to a person intoxicating liquor, and the person receiving the intoxicating liquor is a person under the age of twenty-one; or permits a person to possess intoxicating liquor while on property under his control, and the person possessing the intoxicating liquor is a person under the age of twenty-one. This offense is a misdemeanor.
- The unlawful manufacture, distribution, possession or use of a controlled substance is prohibited by UHMC on any property owned, leased, or controlled by UHMC or during any activity conducted, sponsored, authorized by, or on behalf of UH Maui College. A controlled substance shall include any substance defined as a controlled substance in Section 102 of the Federal Controlled Substance Act (21 U.S. Code 802).
- UH Maui College has and shall maintain a drug free awareness program to inform employees concerning the following:
- The dangers of drug abuse in the workplace
- Maintenance of a drug free workplace
- Drug counseling and rehabilitation programs
- Possible penalties for drug abuse and rehabilitation violations.
- Health Risks of Alcohol: See Appendix A, "Alcohol's Effects on the Body", and Appendix B, "College Drinking", both of which are available on the website of the National Institute on Alcohol Abuse and Alcoholism (NIAAA) https://www.niaaa.nih.gov.
- Health Risks of Controlled Substances: See Appendix C, "Drugs of Abuse - A DEA Resource Guide / 2022 Edition", which is available on the website of the Drug Enforcement Administration at https://www.dea.gov/documents/2022/2022-12/2022-12-02/drugs-abuse-2022.
- UHMC Health Center: The UHMC Health Center promotes an alcohol and drug-free campus environment. Educational materials are available at the Campus Health Center for students and employees. In addition, testing and counseling services are available for alcohol and substance abuse.
- UHMC Counseling: UHMC students dealing with drug and/or alcohol problems are encouraged to seek help through available resources. Short-term individual counseling by UHMC personal support counselors is also available for students who need assistance with substance and alcohol abuse issues or referral services.
- Employee Assistance Program: UHMC employees dealing with drug and/or alcohol problems are encouraged to seek help through the University's Employee Assistance Program (EAP). This program provides confidential, short-term, professional counseling services to employees who may be experiencing personal problems that are affecting job performance. Eligible employees may receive up to a maximum of three sessions of free counseling. All regular, temporary and exempt employees, casual hires, and 89-day hires are eligible for EAP services. Employee Assistance of the Pacific has been contracted to provide EAP services through a voluntary program that permits employees to seek help on their own.
https://www.eapacific.com/?customer=UH - UHMC Wellness Program: UHMC Wellness Hui's mission is to transform our campus community into a better place to work and study. The Wellness Hui promotes and encourages employees and students to make small changes so they can enjoy healthy and happy lives.
- UHMC Student Behavior Intervention Team (sBIT). The mission of the UHMC sBIT is to proactively support and maintain a safe and effective educational environment for the benefit of Maui Nui. sBIT's members represent five functional areas of the campus, including campus security, counseling, faculty, student conduct, and Title IX. This multidisciplinary threat assessment and management team utilizes a behavioral approach to violence prevention. The UHMC sBIT assists students of concern by addressing behavioral issues and recommending appropriate intervention strategies. Campus community members may contact the UHMC sBIT with concerns about the physical, emotional, and behavioral well-being or safety of a UHMC student.
- UHMC Ulifeline: Ulifeline is a confidential online resource center where college students can seek help for all types of mental stress and depression, including alcoholism and drug addiction. Ulifeline is a project of The Jed Foundation, a leading organization working to protect the emotional health of America's college students, and was developed with input from leading experts in mental health and higher education. http://www.ulifeline.org/maui/
Community Resources: See Appendix D, "Community Resources", for information obtained from websites relating to treatment and recovery and prevention services on Maui, Molokai, and Lana'i.