THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE
                  POLICIES AND PROCEDURES MANUAL

                                             No.                36    
                                             Date      May 25, 1988   
                                             Page            of    5  
                                             Approved      EVI   


SUBJECT:  Policy on Illegal Drugs


At the May 5, 1988 regular meeting of the Board of Trustees of The University of North Carolina
at Asheville, the following Policy on Illegal Drugs was approved.  The policy was then forwarded to
the President of the University.  The policy will remain in effect until that time in which it is changed
by the Board of Trustees of The University of North Carolina at Asheville.


I.  PURPOSE

The University of North Carolina at Asheville is an academic community dedicated to the
transmission and advancement of knowledge and understanding.  The Board of Trustees is committed
to the maintenance and protection of an environment in which students and faculty members may
responsibly pursue these goals through teaching, learning, research, discussion and publication, free
from internal or external restraints that would unreasonably restrict their academic endeavors. 
Moreover, it is the obligation of all members of the University community, faculty, students,
administrators, and other employees -- to help maintain an environment where academic freedom
flourishes and in which the rights of each member of the academic community are respected.  The
illegal use of and trafficking in drugs can jeopardize the welfare of members of this academic
community.  Accordingly, in an effort to responsibly address such threats to the integrity of the
academic environment, the Board of Trustees adopts this policy.


II.  APPLICABLE POLICIES, PRACTICES AND PROGRAMS

A.  Education, Prevention, Counseling and Rehabilitation

  1. Just as the primary purpose of The University of North Carolina at Asheville is education, so
     also the University's major effort to address drug abuse should be educational in nature.  The
     University shall maintain a comprehensive drug education program available to all members
     of the academic community (students, faculty, administration and staff).  The activities of the 
     program shall be the responsibility of the Drug and Alcohol Education Task Force composed
     of two faculty members appointed by the Vice Chancellor for Academic Affairs, two students
     appointed by the Student Government President and two staff/administrators appointed by
     the Chancellor.  The Vice Chancellor for Student Affairs or his designee shall chair the
     committee.  The Task Force shall develop and coordinate an ongoing program available to
     all members of the academic community that:

     a.   informs members of the academic community about the health hazards associated with
          drug abuse.

     b.   emphasizes the incompatibility of drug abuse and maximum achievement of personal and 
          educational goals.

     c.   encourages members of the campus community to make use of available campus and 
          community counseling, medical and rehabilitation resources in dealing with drug abuse 
          problems.

     d.   informs members of the academic community that they also may be subject to criminal 
          prosecution for violating state laws relating to the illegal use, possession, delivery, sale, 
          manufacture or creation of controlled substances.

  2. UNCA shall provide information about drug counseling and rehabilitation services to
     members of the University community, through campus-based programs for students and
     through community-based organizations for faculty, staff and students.  Persons who
     voluntarily avail themselves of University services shall be assured that applicable professional
     standards of confidentiality will be observed.


B.   Enforcement and Penalties

  1. The University of North Carolina at Asheville shall take all actions necessary, consistent with
     state and federal law and applicable University policy, to eliminate illegal drugs from the
     University community.  The institutional policy on illegal drugs shall be publicized in
     catalogues and other relevant materials prepared for all enrolled and prospective students and
     in relevant materials distributed to faculty members, administrators and other employees.

  2. Students, faculty members, administrators, and other employees are responsible as citizens,
     for knowing about and complying with the provisions of North Carolina law that make it a
     crime to possess, sell, deliver, or manufacture those drugs designated collectively as
     "controlled substances" in Article 5 of Chapter 90 of the North Carolina General Statutes. 
     Any member of the University community who violates that law is subject both to prosecution
     and punishment by civil authorities and to disciplinary proceedings by the University.  It is not
     "double jeopardy" for both the civil authorities and the University to proceed against and
     punish a person for the same specified conduct.  The University shall initiate its own
     disciplinary proceedings against a student, faculty member, administrator, or other employee
     when the alleged conduct is deemed to affect the interests of the University.

  3. Penalties shall be imposed by the University in accordance with procedural safeguards
     applicable to disciplinary actions against students, faculty members, administrators, and other
     employees, as required by the Student Government Association Judicial Code of The
     University of North Carolina at Asheville, THE CODE, BOARD OF GOVERNORS THE
     UNIVERSITY OF NORTH CAROLINA, Chapter VI, Academic Freedom and Tenure,
     Section 603, Due Process before Discharge or the Imposition of Serious Sanctions,
     appropriate sections of the current UNCA FACULTY HANDBOOK, and the University
     Personnel Policies for Designated Employees Exempt From the State Personnel Act, The
     University of North Carolina at Asheville, and by regulations for the State Personnel
     Commission.

  4. The penalties to be imposed by the University shall range from written warnings with
     probationary status to expulsions from enrollment and discharges from employment. 
     However, the following minimum penalties shall be imposed for the particular offenses
     described.

     a.   Trafficking in Illegal Drugs

       1. For the illegal manufacture, sale or delivery, or possession with intent to manufacture,
          sell or deliver, of any controlled substance identified in Schedule I, N. C. General
          Statutes 90-89, or Schedule II, N. C. General Statutes 90-90, (including, but not
          limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine,
          amphetamine, methaqualone), any student shall be expelled and any faculty member,
          administrator or other employee shall be discharged.

       2. For a first offense involving the illegal manufacture, sale or delivery, or possession
          with intent to manufacture, sell or deliver, of any controlled substance identified in
          Schedules III through VI, N. C. General Statutes 90-91 through 90-94, (including,
          but not limited to, marijuana, pentobarbital, codeine) the minimum penalty shall be
          suspension from enrollment or from employment for a period of at least one semester
          or its equivalent.  For a second offense, any student shall be expelled and any faculty
          member, administrator, or other employee shall be discharged.

     b.   Illegal Possession of Drugs

       1. For a first offense involving the illegal possession of any controlled substance
          identified in Schedule I, N. C. General Statutes 90-89, or Schedule II, N. C. General
          Statutes 90-90, the minimum penalty shall be suspension from enrollment or from
          employment for a period of at least one semester or its equivalent.

       2. For a first offense involving the illegal possession of any controlled substance
          identified in Schedules III through VI, N. C. General Statutes 90-91 through 90-94,
          the minimum penalty shall be probation, for a period to be determined on a case-by-
          case basis.  A person on probation must agree to participate in a drug education and
          counseling program, consent to regular drug testing, and accept such other conditions
          and restrictions, including a program of community service, as the Chancellor or the
          Chancellor's designee deems appropriate.  Refusal or failure to abide by the terms of
          probation shall result in suspension from enrollment or from employment for any
          unexpired balance of the prescribed period of probation.

       3. For second or other subsequent offenses involving the illegal possession of controlled
          substances, progressively more severe penalties shall be imposed, including expulsion
          of students and discharge of faculty members, administrators or other employees.

  5. Suspension Pending Final Disposition

     When a student, faculty member, administrator, or other employee has been charged by the
     University with a violation of policies concerning illegal drugs, he or she may be suspended
     from enrollment or employment before initiation or completion of regular disciplinary
     proceedings if, assuming the truth of the charges, the Chancellor or, in the Chancellor's
     absence, the Chancellor's designee concludes that the person's continued presence within the
     University community would constitute a clear and immediate danger to the health or welfare
     of other members of the University community; provided, that if such a suspension is
     imposed, an appropriate hearing of the charges against the suspended person shall be held as
     promptly as possible thereafter.


III. IMPLEMENTATION AND REPORTING

Annually, the Chancellor shall submit to the Board of Trustees a report on campus activities related
to illegal drugs for the preceding year.  The reports shall include, as a minimum, the following:

     (1)  A listing of the major educational activities conducted during the year;
     (2)  A report on any illegal drug-related incidents, including any sanctions imposed;
     (3)  An assessment by the Chancellor of the effectiveness of the campus program and;
     (4)  Any proposed changes in the policy on illegal drugs.

A copy of the report shall be provided to the President of the University.



Adopted: May 5, 1988


/S/   E. Charles Dyson   
Chairman
UNCA Board of Trustees