Drug Free Schools and Communities Act
February 18, 2021
Dear Texas Tech University Students, Faculty, and Staff,
Texas Tech University is committed to fostering a campus community that promotes the overall wellbeing of its community members and is free from illegal drugs and alcohol abuse. In the following annual notification, you will find information about the university's Drug and Alcohol Abuse Prevention Program (DAAPP), policies regarding drugs and alcohol, substance abuse prevention programs and services, and other resources for students, faculty, and staff.
All campus community members should be aware that the unlawful possession, use, or distribution of illicit drugs and alcohol on Texas Tech University property or as part of any Texas Tech University activity is prohibited by law and Texas Tech University Policy.
Drug Free Schools and Communities Act (DFSCA)
The Drug Free Schools and Communities Regulations (34 CFR Part 86) of the Drug Free Schools and Communities Act (DFSCA) and TTU OP 10.14: Drug-Free Schools and Communities Act require that all institutions of higher education such as Texas Tech University certify that it has implemented programs to prevent the abuse of alcohol and use, and/or distribution of illicit drugs both by student and employees either on its premises and as part of any of its activities. At a minimum, Texas Tech University 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 alcohol abuse;
- 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 or law.
Standards of Conduct
The Texas Tech University Student Handbook and Code of Student Conduct outlines behavioral standards developed by the University community for students and student organizations and the related procedures for addressing misconduct. The policies regarding the use and abuse of alcohol and drugs are listed in Part I, Section B.4, B.5, and B.6. The University may impose disciplinary charges against any student who violates the Texas Tech University Code of Student Conduct and/or local, state and, federal laws concerning controlled substances. Specifically, Texas Tech University prohibits:
- Unlawful or unauthorized possession, use, distribution, delivery, or sale of alcohol and/or public intoxication; consumption that endangers oneself; or operating a vehicle while intoxicated or under the influence of alcohol.
- Possession, use, sharing, furnishing or distribution of illegal drugs, intoxicants, controlled substances and/or drug paraphernalia; including the distribution, use or possession of prescription medications contrary to a valid prescription; being under the influence of illegal drugs, intoxicants, and/or controlled substances.
Texas Tech University employees must abide by Texas Tech University System OP 07.07 and Texas Tech University OP 70.20, and OP 70.35. Other applicable policies include The Drug Free Workplace Act of 1988, the Drug-Free Schools and Communities Act of 1989 and the Drug Free Work Force Rules for Department of Defense (DOD) Contractors and the requirements of the Department of Transportation or other regulatory bodies and applicable state laws. Specifically, Texas Tech University prohibits
- Conduct that could constitute a violation of applicable criminal law while in the course and scope of employment, while on duty, at a University function, or on university property, regardless of whether criminal prosecution is pursued or conviction is attained;
- Being unfit for duty, including being under the influence of drugs or alcohol, or refusing to submit to a drug or alcohol test.
University Facilities, Event, other Alcohol-Related Policies
Unlawful use of alcohol or illicit drugs is strictly prohibited on all University property and at University sponsored events. The use of alcohol on University property or at University-sponsored events is strictly regulated by the following University policies:
- University Student Housing Policies https://www.depts.ttu.edu/housing/contracts/hallpolicies.php
- OP 72.05: Expenditures for Official Functions, Business Meetings, and Entertainment
- OP 34.26: Faculty-Led Study Abroad Programs
- OP 61.02: Use of University Grounds, Facilities, and Amplification Equipment
- OP 10.22: Concealed Carry of Handguns on Campus
Texas Tech University enforces all Federal and State laws and local ordinances. The Texas Tech Police Department can be contacted at 806-742-3931 for non-emergencies and 911 for emergencies.
Possession, use, or distribution of illicit drugs is prohibited by federal law. Strict
penalties are provided for drug convictions, including mandatory prison terms for
many offenses. Penalties increase significantly where use of the illicit drugs results
in death or serious bodily injury. The following information, although not complete,
is an overview
of federal penalties for first convictions. For more information about drug scheduling, possession, paraphrenalia, and trafficking penalties, visit https://www.deadiversion.usdoj.gov/21cfr/21usc/.
The Federal Uniform Drinking Age Act of 1984 sets the minimum legal drinking age to 21 and every State, including the State of Texas, abides by that standard. For more information about alcohol policy in the United States, visit the NIAAA's Alcohol Policy Information System at https://alcoholpolicy.niaaa.nih.gov/.
|Offense||Minimum Punishment||Maximum Punishment|
|Manufacture, distribution, or dispensing drugs (includes marijuana)||A term of imprisonment for up to 5 years and a fine of $250,000||A term of life imprisonment without release (no eligibility for parole) and a fine not to exceed $8,000,000 (for an individual) or $20,000,000 (if other than an individual)|
|Possession of drugs (including marijuana)||Imprisonment for up to one year and a fine of not less than $1,000||Imprisonment for not more than 20 years or less than 5 years and a fine of not less than $5,000 plus costs of investigation & prosecution|
|Operation of a Common Carrier under the influence of alcohol or drugs||Imprisonment for up to 15 years and a fine not to exceed $250,000|
In Texas, the following statutes guide the laws and penalties surrounding illicit drugs and alcohol are detailed below.
Texas Penal Code Sec. 49.02: Being intoxicated in public such that one is a danger to oneself or others is a Class C misdemeanor, punishable by a fine of up to $500.
Texas Alcoholic Beverage Code Sec. 1.05, 101.31: It is illegal to possess or distribute alcoholic beverages in a dry area. Violation of this law is a Class B misdemeanor and carries a penalty of up to $2,000 and/or up to 180 days confinement.
Texas Alcoholic Beverage Code Sec. 106.02, 106.04-106.05, 106.071: The purchase, possession, or consumption of alcoholic beverages by a person under 21 years of age subjects that person to a fine of up to $500 for the first offense and at least $250 up to $2,000 for the second offense and/or 180 days confinement.
Texas Alcoholic Beverage Code Sec. 106.06: Furnishing alcoholic beverages to a minor is a Class A misdemeanor and punishable by a fine of up to $4,000 and/or up to one year in jail.
Texas Education Code Sec. 37:122: The possession of an intoxicating beverage on the grounds of any public school is a Class C misdemeanor and carries a penalty of up to $500. If found with an open container in the person's immediate possession, the minimum confinement period extends to six days.
Texas Alcoholic Beverage Code Sec. 106.07: A person under 21 years of age who misrepresents his or her age for the purpose of purchasing alcohol beverages commits a Class C misdemeanor and may be punished by a fine of up to $500.
Texas Health and Safety Code Sec. 481.102-106, 481.115-118: The illegal distribution, possession, or use of controlled substances may be punished by 5 years to life in prison and up to a $250,000 fine.
Texas Health and Safety Code Sec. 481.112-120: The delivery or possession of controlled substances with the intent to manufacture controlled substances is punishable by a jail term of 10 years to life and up to a $250,000 fine.
Texas Health and Safety Code Sec. 481.122: The distribution of marijuana to a minor is punishable by 2 to 20 years in prison and/or up to a $10,000 fine.
|Offense||Minimum Punishment||Maximum Punishment|
|Manufacture or delivery of controlled substances
|Confinement in jail for a term of not more than 2 years or less than 180 days, and a fine not to exceed $10,000||Imprisonment for life or for a term of not more than 99 years nor less than 15 years, and a fine not to exceed $250,000|
|Possession of controlled substances
|Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000, or both||Imprisonment for life or for a term of not more than 99 years nor less than 10 years, and a fine not to exceed $250,000|
|Delivery of marijuana||Confinement in jail for a term not more than 180 days, a fine not to exceed $2,000, or both||Imprisonment for life or for a term of not more than 99 years nor less than 10 years, and a fine not to exceed $100,000|
|Possession of marijuana||Confinement in jail for a term not more than 180 days, a fine not to exceed $2,000, or both||Imprisonment for life or for a term of not more than 99 years nor less than 5 years, and a fine not to exceed $50,000|
|Driving while intoxicated (includes intoxication from alcohol, drugs, or both)||Confinement in jail for a term of not more than 180 days nor less than 72 hours, and a fine of not more than $2,000||Imprisonment for a term of not more than 10 years nor less than 2 years, and a fine not to exceed $10,000|
|Public intoxication||A fine not to exceed $500||Varies with age and number of offenses|
|Purchase of alcohol by a minor||A fine not to exceed $500||Varies with number of offenses|
|Consumption or possession of alcohol by a minor||A fine not to exceed $500||
Varies with number of offenses
|Sale of alcohol to a minor||A fine not to exceed $4000 or confinement in jail for not more than one year, or both||A fine not to exceed $4000 or confinement in jail for not more than one year, or both|
Local Laws and Ordinances
In the City of Lubbock, the sale of packaged liquor is prohibited on Sunday. Packaged liquor may be sold between 10:00 a.m. and 9:00 p.m., Monday through Saturday. Packaged beer and wine may be sold between noon and midnight on Sunday, between 7:00 a.m. and midnight, Monday through Friday, and between 7:00 a.m. and 1:00 a.m. on Saturday. The sale of packaged liquor is prohibited on New Year's Day, January 2 (when it falls on a Monday), Thanksgiving Day, Christmas Day, December 26 (when it falls on a Monday).
Alcoholic beverages may be served in bars and restaurants between noon and midnight on Sunday, between 7:00 a.m. and midnight, Monday through Friday, and between 7:00 a.m. and 1:00 a.m. on Saturday. At certain restaurants, alcoholic beverages may be served with meals beginning at 10:00 a.m. on Sunday.
The City of Lubbock maintains an updated catalog of City Ordinances and Codes at https://ci.lubbock.tx.us/departments/code-enforcement/code-of-ordinances.
The health risks associated with the use and abuse of drugs and/or alcohol can be long-lasting and can result in serious injury or death . For more information about the specific health risks associated with drugs and alcohol, visit the National Institute on Drug Abuse website, www.drugabuse.gov or review The Drug Enforcement Agency (DEA) 2017 Resource Guide on Drugs of Abuse.
Alcohol-Related Health Risks
According the The Centers for Disease Control and Prevention, excessive alcohol use has immediate effects that increase the risk of many harmful health conditions. These are most often the result of binge drinking and include the following:
- 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.11
- Risky sexual behaviors, including unprotected sex or sex with multiple partners. These behaviors can result in unintended pregnancy or sexually transmitted diseases, including HIV.
- Miscarriage and stillbirth or fetal alcohol spectrum disorders (FASDs) among pregnant women.
Over time, excessive alcohol use can lead to the development of chronic diseases and other serious problems including:
- High blood pressure, heart disease, stroke, liver disease, and digestive problems.
- Cancer of the breast, mouth, throat, esophagus, liver, and colon.
- Weakening of the immune system, increasing the chances of getting sick.
- Learning and memory problems, including dementia and poor school performance.
- Mental health problems, including depression and anxiety.
- Social problems, including lost productivity, family problems, and unemployment.
- Alcohol use disorders, or alcohol dependence.
By not drinking too much, you can reduce the risk of these short- and long-term health risks.
Drug-Related Health Risks
The long and short term effects of drugs use vary greatly by substance. However, the health risks associated with the use and/or abuse of illicit drugs can be very serious and result in serious injury and/or death. Below, you will find a summary of the health risks of illicit substances most commonly abused by college students.
- Research shows that about 1 in 10 marijuana users will become addicted. For people who begin using before the age of 18, that number rises to 1 in 6.
- Marijuana use directly affects the brain — specifically the parts of the brain responsible for memory, learning, attention, decision making, coordination, emotions, and reaction time. Developing brains, like those in babies, children, and teens, are especially susceptible to the adverse effects of marijuana.
- Eating foods or drinking beverages that contain marijuana have some different risks than smoking marijuana, including a greater risk of poisoning.
- Long-term or frequent marijuana use has been linked to increased risk of psychosis or schizophrenia in some users.
- Using marijuana during pregnancy may increase the baby's risk for developmental problems.
- snorting: loss of smell, nosebleeds, frequent runny nose, and problems with swallowing
- smoking: cough, asthma, respiratory distress, and higher risk of infections like pneumonia
- consuming by mouth: severe bowel decay from reduced blood flow
- needle injection: higher risk for contracting HIV, hepatitis C, and other bloodborne diseases, skin or soft tissue infections, as well as scarring or collapsed veins
- Increased heart rate and blood pressure; muscle tension; nausea; faintness; chills or sweating; sharp rise in body temperature leading to kidney failure or death.
- Long-lasting confusion, depression, problems with attention, memory, and sleep; increased anxiety, impulsiveness; less interest in sex.
- Slowed breathing, death
- Long-term Increased risk of overdose or addiction if misused
- Dangerous slowing of heart rate and breathing leading to coma or death when used with alcohol.
- Drowsiness, slurred speech, poor concentration, confusion, dizziness, problems with movement and memory, lowered blood pressure, slowed breathing.
- Dangerous slowing of heart rate and breathing leading to coma or death when used with alcohol.
- Increased blood pressure and heart rate; narrowed blood vessels; increased blood sugar
- High doses: dangerously high body temperature and irregular heartbeat; heart disease; seizures.
- Long Term: heart problems, psychosis, anger, paranoia.
- Masks the depressant action of alcohol, increasing risk of alcohol overdose; may increase blood pressure.
Drug and Alcohol Programs and Resources
An employee who is experiencing personal problems or whose job performance is affected
by personal problems is encouraged to seek help voluntarily from the EAP. EAP records
are separate and not a part of an employee's personnel file. An employee's use of
EAP services or any other information concerning the nature of the problem is not
released to the employer or a supervisor. Confidentiality is regulated by federal
guidelines. An employee may seek assistance or learn more about the program by contacting
the EAP directly. For more information about the EAP, see OP 70.33. The
Texas Employees Group Benefits Program (GPB) is the insurance program administered by the Employees Retirement Systems of Texas (ERS). ERS administers benefits for Texas Tech employees and retirees. Coverage for substance abuse can be found on page 87 of the Master Benefit Plan Document.
Employee Assistance Program
EAP can provide substance use and abuse counseling, referrals, recovery support, and reentry counseling.
Tech University Health Sciences Center, Department of Psychiatry, 1A122 HSC
http://www.ttuhsc.edu/centers/SWIAD/eap/ | 806.743.1327
Texas Tech University is committed to providing programs and services for students that prioritize educating students about the risks associated with drug and alcohol use. Support services for student seeking help are provided by the university and referrals to community resources are made when the need of the student is beyond the scope of university-provided services.
Risk Intervention and Safety Education (RISE) at Texas Tech provides alcohol and drug education workshops for students, one on one coaching for students related to substance use, substance free events, and administers the mandatory prevention education course, Voices for Change, to all incoming first-year and transfer students.
A comprehensive list of programs and resources for students are listed below:
Risk Intervention & Safety Education (RISE)
Drane 247 | 806.742.2110 | www.rise.ttu.edu
- Comprehensive prevention education programs for students
- Voices for Change – Required online course for all first-year and transfer students
- Raider Restart - One-on-one and group coaching sessions to help students learn skills to reduce the negative impacts of substance use
- eCheckUp To Go - Online, personalized assessment tools for alcohol or marijuana use
Student Counseling Center
Student Wellness Center 201 | 806.742.3674 | www.counseling.ttu.edu
- Individual and group counseling
- In-person alcohol assessments provided
The Center for Collegiate Recovery Communities
806.742.2891 | www.depts.ttu.edu/hs/csa/
- Program that assists students to flourish in recovery (re-entry) through accountability and support
- Hosts daily 12-step meetings
Raider Assistance Program
Student Wellness Center | 806.743.7285
- Safe & confidential assessment, education, and treatment referral
International fellowship of men and women who have a drinking problem. Local meetings available.
12 step meetings for people struggling with addiction. Local meetings available.
Aspire Recovery Centers
https://aspireoftexas.com | 888.502.3631
Inpatient and outpatient treatment programs for alcohol and drug addiction
The Ranch at Dove Tree
https://ranchatdovetree.com | 866.568.5661
Collegiate-focused addiction and behavioral health recovery and treatment center
www.aalubbock.com | 806.793.4522
State certified alcohol education classes for MIP, MIC, PI. DUI Minor and DWI offenses
University Disciplinary Sanctions for Violations of Policy
Texas Tech University will impose sanctions on students and employees for violations of Texas Tech University policies and standards of conduct which may include suspension, expulsion, and/or termination of employment. Students who are also employees may also be held accountable under both student and employee policies.
Staff employees found in violation of university policy will be addressed under TTU System OP 07.07: Employee Conduct, Discipline, and Terminations. A violation of the standards established in this policy may result in the assessment may be subject to coaching, corrective action, suspension with or without pay, administrative leave, and/or termination from Texas Tech.
Faculty employees found in violation of university policy will addressed under TTU OP 32.04: Conduct of University Faculty. A violation of the standards established in this policy may result in the assessment of a penalty ranging from an oral reprimand to termination from Texas Tech. In the case of non-tenured and non-tenure track faculty members, all disciplinary procedures other than non-renewal of appointment, termination, or denial of tenure will be governed by TTU OP 70.31. Tenured faculty members termination will be controlled by the tenure policy (OP 32.01).
Sanctions for violations of the Code of Student Conduct are proportionate to the severity of the violation and to the cumulative conduct history of the student found responsible. Common sanctions for alcohol and drug related violations include participation in an alcohol or drug education workshop and/or the completion of a drug and alcohol assessment through Risk Intervention and Safety Education or Student Health Services at Texas Tech University, mandated counseling or substance abuse treatment, administrative fees, eviction from on-campus housing, and could include suspension or expulsion from the University.
Annual notification of Texas Tech University's Drug and Alcohol Abuse Prevention Programs (DAAPP) is distributed to all current students and employees after the last day to add a course in each the fall semester via Texas Tech email. New employees receive notification at New Employee Orientation and via Human Resources electronically during the onboarding process. New students receive notification electronically upon enrollment. Employees and student can access the DAAPP information and the accompanying Biennial Reports through this regularly updated website.
Annual Security Report Notification
All currently enrolled students, campus employees and all prospective students and prospective employees are entitled to request and receive a copy of the Annual Campus Security Policy and Campus Crime Statistics Report. This report, emailed annually to al students and employees, is available online at https://www.depts.ttu.edu/ttpd/clery.php.
The Vice Provost for Student Affairs is responsible for the development and continuing implementation of these programs, the annual notification, and the biennial review.
Vice Provost for Student Affairs
Catherine Duran, Ph.D.
Suite 201 AA, Student Union Building
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