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Disciplinary Sanctions for Violations of the Policy

Legal Sanctions

The Commonwealth's objective is to establish and maintain a work environment free from the adverse effects of alcohol and other drugs. The effects of alcohol and other drugs in the workplace could undermine the productivity of the Commonwealth’s workforce, one of Virginia’s greatest assets. The adverse effects of alcohol and other drugs create a serious threat to the welfare of fellow employees and to Virginia's citizens. The Commonwealth, therefore, has the following policy and procedures to address alcohol and other drug problems in the public workforce.

The provisions of the Department of Human Resource Management Policy 1.05 apply to violations of this policy. Each of the following constitutes a violation of this policy:

  • The unlawful or unauthorized manufacture, distribution, dispensation, possession or use of alcohol or other drugs in the workplace;

  • Impairment in the workplace from the use of alcohol or other drugs, except the use of drugs for legitimate medical purposes;

  • A criminal conviction for a violation of any criminal drug law, based upon conduct occurring either in or out of the workplace; or violation of any alcohol beverage control law or law that governs driving while intoxicated, based upon conduct occurring in the workplace; and

  • An employee's failure to report to his or her supervisor the employee's conviction of any offense, as required in Report Convictions.

Any employee who commits any violation as described above shall be subject to the full range of disciplinary actions, including discharge, pursuant to applicable disciplinary policies, such as Policy 1.60, Standards of Conduct.

The severity of disciplinary action for violations of this policy shall be determined on a case-by-case basis. Mitigating circumstances that may be considered in determining the appropriate discipline include whether the employee voluntarily admits to, and seeks assistance for, an alcohol or other drug problem.

At the discretion of the College, the employee may be referred to the Employee Assistance Program or chemical abuse rehabilitation program as a condition of employment. If the employee does not satisfy the condition of employment, disciplinary action may be taken, up to and including termination.

Each employee has access to the rules and regulations governing employee expectations located in the NOVA employee handbooks. The rules and regulations are in effect when on campus in any capacity and participating in any college-­‐sponsored activity. Violation of the policy may result in criminal action and disciplinary action.

Compliance with NOVA’s Policy and Standards of Conduct is a condition of employment.

Violations of Policy and Standards of Conduct may be cause for one or more of the following actions:

  • Verbal Reprimand
  • Warning
  • Probation
  • Mandatory Employee Assistance Program (EAP)
  • Suspension
  • Termination
Federal Law

Title 21 United States Code (USC) Controlled Substances Act (CSA) prohibits the use of illicit drugs and actions related to the abuse of alcohol. According to Title 21 USC Part D -­‐ Offenses and Penalties 841. Prohibited Acts A:

a) Unlawful acts

Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally:

1. To manufacture, distribute, dispense or possess with intent to manufacture, distribute or dispense, a controlled substance; or

2. To create, distribute, dispense or possess with intent to distribute or dispense, a counterfeit substance.

The drugs and or other substances considered under the USC Controlled Substances Act are divided into five schedules. The schedules are updated on a yearly basis and a complete list is published annually in Title 21 Code of Federal Regulations (CFR) 1308.11 through 1208.15. The substances are categorized or placed into their respective schedules based on:

  • Whether they have currently accepted medical use in treatment in the US;

  • Their relative abuse potential; and

  • The likelihood of causing dependence when abused.

Some examples of the drugs in each schedule are described below. The following information is intended to provide examples of general references and is not a complete listing of controlled substances.

SCHEDULE

TYPE OF CONTROLLED SUBSTANCES

Title 21 United States Code (USC) Controlled Substances Act (CSA)

Schedule I Controlled Substances

Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision and a high potential for abuse.

Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone and 3,4 ­‐ methylenedioxymethamphetamine ("Ecstasy").

Schedule II/IIN Controlled Substances (2/2N)

Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence.

Examples of Schedule II narcotics include: hydromorphone (Dilaudid®), methadone (Dolophine®), meperidine (Demerol®), oxycodone (OxyContin®, Percocet®) and fentanyl (Sublimaze®, Duragesic®). Other Schedule II narcotics include: morphine, opium, codeine and hydrocodone.

Examples of Schedule IIN stimulants include: amphetamine (Dexedrine®, Adderall®), methamphetamine (Desoxyn®) and methylphenidate (Ritalin®).

Other Schedule II substances include: amobarbital, glutethimide and pentobarbital.

Schedule III/IIIN Controlled Substances (3/3N)

Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence.

Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine®) and buprenorphine (Suboxone®).

Examples of Schedule IIIN non‐narcotics include: benzphetamine (Didrex®), phendimetrazine, ketamine and anabolic steroids such as Depo®‐Testosterone.

Schedule IV Controlled Substances

Substances in this schedule have a low potential for abuse relative to substances in Schedule III.

Examples of Schedule IV substances include: alprazolam (Xanax®), carisoprodol (Soma®), clonazepam (Klonopin®), clorazepate (Tranxene®), diazepam (Valium®), lorazepam (Ativan®), midazolam (Versed®), temazepam (Restoril®) and triazolam (Halcion®).

Schedule V Controlled Substances

Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics.

Examples of Schedule V substances include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC®, Phenergan with Codeine®) and ezogabine.

Penalties

Penalties for violations are determined by the schedule of drug or other substance and or sometimes specified by drug name, i.e., marijuana. A substance doesn’t have to be listed as controlled substance to be treated as a Schedule I substance for criminal prosecution.

Penalties may include fines up to $10 million (for an individual) or $50 million (other than individual) or both, and or a term of imprisonment up to life.

State Law

Alcohol offenses in Virginia can be misdemeanors or felonies. Some alcohol offenses in Virginia are punished with just fines, while other alcohol offenses in Virginia can be punished with several years in prison.

There are a number of alcohol offenses in Virginia. The most common alcohol offenses in Virginia include those related to public intoxication and drinking or possessing alcohol in public, driving while intoxicated (DWI), alcohol offenses involving intoxicated persons, crimes involving underage persons, offenses related to interdicted persons, and purchasing and selling offenses, among others.  These alcohol offenses in Virginia are discussed below.

Alcohol Offenses in Virginia Involving Public Intoxication or Drinking in Public

In Virginia, it is a crime to drink alcohol in public, to be drunk in public or to drink alcohol in certain public places.

Offense/CodeExplanation/Penalty

Drunk in Public (Va. Code §18.2-388)

In Virginia, public intoxication, or being drunk in public, is a Class 4 misdemeanor. It is punished with a fine up to $250.

Drinking in Public (Va. Code §4.1-308)

Drinking alcohol in public, or offering alcohol to another person in public, is a Class 4 misdemeanor in Virginia. It is punished with a fine up to $250.

Drinking/Serving Alcohol on Public School Grounds (Va. Code §4.1-309)

It is a Class 2 misdemeanor to possess or drink alcohol on any public elementary or secondary school grounds during or after school or student activities. This offense is punished with up to six months in jail and a fine up to $1000.

Driving While Intoxicated (Va. Code §18.2-266)

A driver can be convicted of a Virginia Driving While Intoxicated charge, or DWI, if he is operating a motor vehicle under the influence of alcohol, drugs or a combination of both. In Virginia, a Blood Alcohol Content (BAC) higher than .08 allows a court to infer that the offender was under the influence of alcohol. Virginia DWI charges can be misdemeanors or felonies, depending on the number of the offender’s prior convictions and the severity of any resulting injury.

Drinking While Driving (Va. Code §18.2-323.1)

It is a Class 4 misdemeanor to drink alcohol while driving a motor vehicle. It is punished with a fine up to $250.

Possession/Drinking Alcohol While Operating School Bus (Va. Code §4.1-309.1)

It is a Class 1 misdemeanor to possess or consume alcohol while operating a school bus and transporting children. This offense is punished with up to 12 months in jail and a fine up to $2500.

Intoxicated in Public (Va. Code §18.2-388)

Public intoxication in Virginia is a Class 4 misdemeanor, punished with a fine up to $250.

Buying Alcohol for Intoxicated Person (Va. Code §4.1-306(A)(ii))

Buying alcohol for an intoxicated person is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500 and driver’s license suspension for up to one year.

Interdicted Persons

A person can be declared interdicted in Virginia (pursuant to Va. Code §4.1-333) if the Circuit Court has determined, after a hearing, that the person is a “habitual drunkard.”  

Interdicted persons in Virginia are prohibited from purchasing, consuming or possessing alcohol.

Interdicted Person in Possession of Alcohol (Va. Code §4.1-322)

It a Class 1 misdemeanor for an interdicted person to possess or attempt to possess alcohol. This crime is punished with up to 12 months in jail and a fine up to $2500.

Interdicted Person Drunk in Public (Va. Code §4.1-322)

It is also a Class 1 misdemeanor for an interdicted person to be Drunk in Public in Virginia. This crime is punished with up to 12 months in jail and a fine up to $2500.

Buying Alcohol for Interdicted Person (Va. Code §4.1-306(A)(i))

It is a Class 1 misdemeanor to buy alcohol for an interdicted person. In addition to the possibility of jail and a fine, the offender’s driver’s license will be suspended for up to one year pursuant to §4.1-306(B).

Selling Alcohol to Interdicted Person (Va. Code §4.1-304(A)(ii))

It is a Class 1 misdemeanor to knowingly sell alcohol to an interdicted person. It is punished with up to 12 months in jail and a fine up to $2500.

Underage Consumption, Purchase or Possession of Alcohol (Va. Code §4.1-305, §4.1-323)

It is a Class 1 misdemeanor for anyone under 21 to consume, purchase or possess alcohol or to attempt to consume, purchase or possess alcohol. If convicted, the offender will have to pay a minimum fine of $500 or perform 50 hours of community service, in addition to the possibility of up to 12 months in jail. If the offender is over 18, his driver’s license will be suspended for at least six months.  

Using Fake ID or Another’s ID to Purchase Alcohol (Va. Code §4.1-305(B))

It is a Class 1 misdemeanor to use a fake ID or another person’s ID to buy alcohol. This crime is punished with up to 12 months in jail, a fine up to $2500 and driver’s license suspension for up to one year.

Selling Alcohol to Person Under 21 (Va. Code §4.1-304(A))

It is a Class 1 misdemeanor to sell alcohol to someone under 21. This crime is punished by up to 12 months in jail and a fine up to $2500.

Selling Alcohol to Underage Person Without Checking ID (Va. Code §4.1-304(B))

It is a Class 3 misdemeanor to sell alcohol to a person under 21 without asking for valid photo identification. This offense is punished with a fine up to $500.

Buying Alcohol for Person Under 21 (Va. Code §4.1-306)

It is a Class 1 misdemeanor to buy alcohol for a person under 21 in Virginia. It is punished with up to 12 months in jail, a fine up to $2500 and driver’s license suspension for up to one year.

Selling Alcohol Without License (Va. Code §4.1-302)

Any person who sells alcohol without a license is guilty of a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500. A second or subsequent offense will result in a mandatory 30 days in jail.

Selling Alcohol to Intoxicated Person (Va. Code §4.1-304(iii))

It is a Class 1 misdemeanor to sell alcohol to an intoxicated person. The offender can be punished with up to 12 months in jail and a fine up to $2500.

Selling Alcohol to Interdicted Person (Va. Code §4.1-304(A)(ii))

It is a Class 1 misdemeanor to sell alcohol to a person who has been interdicted. This offense is punished with up to 12 months in jail and a fine up to $2500.

Selling Alcohol to Underage Person (Va. Code §4.1-304(A)(i))

It is a Class 1 misdemeanor to sell alcohol to an underage person. The offender can be punished with up to 12 months in jail and a fine up to $2500.

Selling Alcohol to Underage Person Without Checking ID (Va. Code §4.1-304(B))

Selling alcohol to an underage person without checking ID is a Class 3 misdemeanor, punished with a fine up to $500.

Purchasing Alcohol from Person Not Authorized to Sell (Va. Code §4.1-303)

It is a Class 1 misdemeanor to buy alcohol from an unauthorized seller. This crime is punished with up to 12 months in jail and a fine up to $2500.

Purchasing Alcohol for Intoxicated Person (Va. Code §4.1-306(A)(ii))

It is a Class 1 misdemeanor to buy alcohol for an intoxicated person. It is punished with up to 12 months in jail, a fine up to $2500 and driver’s license suspension for up to one year.

Purchasing Alcohol for Interdicted Person (Va. Code §4.1-306(A)(i))

Knowingly buying alcohol for an interdicted person in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500 and driver’s license suspension for up to one year.

Purchasing Alcohol for Underage Person (Va. Code §4.1-306(A)(1))

It is also a Class 1 misdemeanor to purchase alcohol for a person under the age of 21. This offense is punished with up to 12 months in jail, a fine up to $2500 and driver’s license suspension up to one year.

Delivering Alcohol to Prisoner (Va. Code §4.1-32)

It is a Class 1 misdemeanor to give alcohol to a prisoner in Virginia. This offense is punished with up to 12 months in jail and a fine up to $2500.

Manufacturing Alcohol Without License (Va. Code §4.1-300.A)

It is a Class 6 felony to manufacture alcohol without a license or bottle beer for sale. It is punished with up to five years in prison.

You can find more information about related laws from the Virginia Department of Alcoholic Beverage Control website.

Drug Offenses in Virginia

§ 18.2-247

Use of terms "controlled substances," "marijuana," "Schedules I, II, III, IV, V and VI," "imitation controlled substance" and "counterfeit controlled substance" in Title 18.2

§ 18.2-248

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties

§ 18.2-248.01

Transporting controlled substances into the Commonwealth; penalty

§ 18.2-248.02

Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine prohibited; penalties

§ 18.2-248.03

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty

For more drug detailed drug related offenses in Virginia, visit https://vacode.org/18.2/7/1/

Local Law

Alexandria

Sec. 13-1-5.1

Possession of open or opened receptacles containing an alcoholic beverage.

Sec. 13-1-24.1

Loitering in a public place with intent to engage in an unlawful drug transaction.

Manassas

Sec. 78-162.

Possession of marijuana. Similar provisions, Code of Virginia, §§ 18.2-250.1, 18.2-251.1.

Sec. 78-163.

Conspiring or attempting to possess marijuana. Similar provisions, Code of Virginia, §§ 18.2-256, 18.2-257

Sec. 78-164.

Inhaling drugs or other noxious chemical substances. Similar provisions, Code of Virginia, § 18.2-264.

Woodbridge

Sec. 16-14.1.

Alcoholic beverages; use on certain county property.

Sec. 16-25.

Inhaling or inducing, etc., others to inhale drugs or other noxious chemical substances. Similar provisions, Code of Virginia, § 18.2-264.

Sec. 16-26.

Sale, display, etc., of drug paraphernalia. Controlled paraphernalia, Code of Virginia, §§ 54.1-3466 et seq.; drug offenses, §§ 18.2-247 et seq.

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