Ohio Administrative Code › Title 3356 - Youngstown State University › Chapter 3356-7 - University Employees and Benefits › Section 3356-7-20 - Drug-free environment

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement. Youngstown state
			 university ("university") is committed to creating a safe and healthy
			 environment for its employees, students, and visitors. The university prohibits
			 the unlawful manufacture, distribution, dispensation, possession, sale or use
			 of illegal drugs, controlled substances, intoxicants, and alcohol by any
			 student, employee, organization (including student organizations), volunteer or
			 visitor on university premises, at any location where university business is
			 being conducted, as part of any university activity, in a university vehicle,
			 or in the workplace. Employees are prohibited from working and from operating
			 any university vehicle or equipment while under the influence of alcohol or
			 non-prescribed controlled substances. Employees using prescribed or
			 over-the-counter medication are prohibited from operating university vehicles
			 or equipment at any time when their ability to do so might be impaired by the
			 medication. No passenger in a university vehicle may consume alcoholic
			 beverages or use non-prescribed controlled substances while in the
			 vehicle.
(B) Purpose. This policy
			 is designed to create and maintain an environment which sustains the general
			 health and well-being of students, employees, and visitors and to comply with
			 the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities
			 Act Amendments of 1989. The authorized use of alcohol on university premises is
			 governed by  university policy 3356-5-10, "Alcoholic beverages on
			 campus"
								(rule
			 3356-5-10
			 of the Administrative Code).
(C) Scope. This policy applies to all
			 students, interns, faculty, employees (including student employees),
			 volunteers, university visitors, third parties, (unless otherwise noted) and
			 any individual or organization using university premises or engaged in a
			 university activity or program whether on or off campus.
			 NCAA student athletes shall follow the policies and
			 guidelines set forth by the NCAA, the affiliated conference, and the university
			 department of athletics in addition to this policy.
(1) As a recipient of federal funding, such
			 as student financial aid and federal grants and contracts for research, the
			 university is required to follow federal law, including the Controlled
			 Substances Act ("CSA") (21 U.S.C. 13) . The CSA prohibits the manufacture,
			 dispensation, possession, use, or distribution of marijuana in any form on any
			 university-owned property, in the conduct of university business, or as part of
			 any university activity.
On September 8, 2016, Ohio law allowed certain activities
				related to the possession and use of medical marijuana. However, using and
				possessing marijuana, including medically prescribed marijuana, continues to be
				prohibited by and a violation of the CSA and university policy. This
				prohibition applies even when the possession and use would be legal under the
				laws of Ohio. As a result, those with medical marijuana prescriptions/cards are
				not permitted to use medical marijuana on campus, in the conduct of university
				business, or as part of any university activity. Sanctions for students and
				employees who are found to be in possession of or using marijuana include
				suspension, expulsion and/or termination of employment.
(2) This prohibition does not extend to
			 research related to marijuana that is approved by any
			 of the following:
(a) The agency for
			 health care research and quality;
(b) The national institutes of
			 health;
(c) The national academy of
			 sciences;
(d) The centers for
			 medicare and medicaid services;
(e)
			 The United States department of defense;
(f) The centers for disease control and
			 prevention;
(g) The United States
			 department of veterans affairs;
(h)
			 The drug enforcement administration;
(i) The food and drug administration;
			 and
(j) Any board recognized by the
			 national institutes of health for the purpose of evaluating the medical value
			 of healthcare services.
(3) Students who are legally authorized Ohio
			 medical marijuana users and are living in university-owned or managed housing,
			 may submit a letter with supporting documentation to the associate vice
			 president for student experience asking to be released from their university
			 housing and dining obligations.
(4)
			 Students who are legally authorized Ohio medical marijuana users and are living
			 in university-owned or managed housing, may not possess or use marijuana in
			 these facilities. Any questions regarding medical marijuana and on-campus
			 living may be directed to the associate vice president
			 of student
			 experience 
									in Kilcawley house or email
			 jlbyers@ysu.edu.