William & Mary (the “university”) strives to maintain a safe, healthy, and efficient workplace free from drug and alcohol abuse. The university complies with all federal and state regulations pertaining to the abuse of controlled substances including the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act of 1989 and the Virginia Department of Human Resource Management's Policy Number 1.05 - Alcohol and Other Drugs. As a public university, William & Mary is subject to certain state laws and policies. It also has its own institutional policies.
The Drug-Free Workplace Act requires that the university inform employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace. The workplace consists of any state-owned or university-owned controlled or leased property, or the site where state work or university work is performed. Additionally, drunken, or disorderly behaviors on property owned or controlled by the university, or at functions sponsored or supervised by the university, are prohibited.
Any employee who violates these prohibitions will be subject to disciplinary action up to and including discharge, and/or required to satisfactorily participate in a drug abuse assistance or rehabilitation program at the discretion of management. As a condition of employment, each employee must abide by the terms of this prohibition and notify his/her supervisor of any criminal drug statute conviction no later than five days after such conviction. The university wishes to provide all reasonable assistance to faculty and staff in dealing with alcohol and drug problems. Disciplinary sanctions will occur only after an individual is offered an opportunity to correct and fails to effectively deal with his/her problem or where the employee has committed a serious violation of university policy or Federal/State law. Further information regarding policies and sanctions for employee misconduct involving alcohol or controlled substances is provided below.
The Drug-Free Schools and Communities Act of 1989 and the U.S. Department of Education's supporting regulations require that the university provide all employees yearly written notice including:
- University standards of conduct and policies, a description of various laws that apply in the jurisdiction regarding alcohol and drugs, including the unlawful possession, use, or distribution of illicit drugs and alcohol by employees;
- A description of the applicable university disciplinary sanctions and legal penalties 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 available drug or alcohol counseling, treatment, or rehabilitation or re-entry programs;
William & Mary’s policies, including standards of conduct, prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by employees on school premises or property, or as part of any of its activities. The policies also apply to professional meetings attended by employees if these meetings are considered university-sponsored activities.
Alcohol Laws, Polices and Sanctions
Virginia’s Alcohol Beverage Control Act
The Act applies to all students and employees of this institution. The pertinent laws, and penalties for violations, are:
- Unlawfully purchase or possess alcoholic beverage under age 21: Misdemeanor (up to 12 months in jail and/or a fine of up to $2,500. Virginia driver's license may be suspended for a period of not more than one year.)
- Unlawfully sell alcoholic beverages to persons under the age of 21 years of age: Misdemeanor (up to 12 months in jail and/or a fine of up to $2,500.)
- Unlawfully purchase alcoholic beverages for another when, at the time of the purchase, he knows or has reason to know that the person for whom the alcohol is purchased is under the legal drinking age: Misdemeanor (up to 12 months in jail and/or a fine of up to $2,500.)
- Unlawfully consume alcoholic beverages in unlicensed public places: Misdemeanor (a fine of up to $250.)
University Standards and Sanctions
The university will impose sanctions on employees (consistent with local, State, and Federal law) for violations of university policies. Specific acts subject to disciplinary action include:
- The unlawful or unauthorized manufacture, distribution, dispensation, possession or use of alcohol or illicit drugs in the workplace, on the grounds of the university, or as part of any university activity
- Reporting to or remaining at work while impaired by or under the influence of alcohol or illicit drugs
- An action which results in a criminal convictions for:
- A violation of any criminal drug law, based on conduct occurring either on or off the workplace, and
- A violation of any alcoholic beverage control law, or law that governs driving while intoxicated, for conduct occurring in the workplace.
- The failure to report to the supervisor, in writing, that the employee was convicted of any offense as defined in item 3 above, within five (5) calendar days of the conviction.
Employees who commit the above offenses are subject to disciplinary action, up to and including termination of employment, referral for prosecution discharge, and participation in a drug abuse assistance or rehabilitation program at the discretion of management. Information regarding an employee's enrollment in an alcohol and or drug rehabilitation program shall only be disclosed with the employee's permission or when the agency determines that disclosure is necessary.
Controlled Substances and Illicit Drugs Laws, Policies and Sanctions
Code of Virginia
The unlawful possession, distribution, manufacture, sale or use of controlled substances and illicit drugs, as defined by the Virginia Drug Control Act, is prohibited in Virginia. Controlled substances are classified under the Act into "schedules," ranging from Schedule I through Schedule VI, as defined in sections 54.1-3446 through 54.1-3455 of the Code of Virginia (1950), as amended.
- § 54.1-3446. Schedule I
- § 54.1-3448. Schedule II
- § 54.1-3450. Schedule III
- § 54.1-3452. Schedule IV
- § 54.1-3454. Schedule V
- § 54.1-3455. Schedule VI
The pertinent laws in the Commonwealth of Virginia, including penalties for conviction of violations are:
- Possession Schedule I and II controlled substances: Class 5 felony (one to 10 years in prison, or at the discretion of a jury or the court trying the case, up to 12 months in jail and/or a fine of up to $2,500);
- Possession of a Schedule III controlled substance: Class 1 misdemeanor (up to 12 months and/or a fine up to $2,500);
- Possession of a Schedule IV controlled substance: Class 2 misdemeanor (up to six months and/or a fine up to $1,000);
- Possession of a Schedule V controlled substance: Class 3 misdemeanor (a fine of up to $500);
- Possession of a Schedule VI controlled substance: Class 4 misdemeanor (a fine of up to $250);
- Possession with intent to sell or otherwise distribute, of Schedules I or II controlled substance: First offense—Felony (five to 40 years in prison and a fine of up to $500,000; Second conviction—Felony (five years to life imprisonment, and fined up to $500,000) and a mandatory minimum of three years in prison);
- Possession with intent to sell or otherwise distribute, of Schedules III, IV, or V controlled substance: Class 1 misdemeanor (up to 12 months in jail and/or a fine of up to $2,500);
- Possession of marijuana: A person 21 years of age or older may lawfully possess on their person or in any public place not more than one ounce of marijuana or an equivalent amount of marijuana product. Any person who possesses on his person or in any public place marijuana or marijuana products in excess of one ounce is subject to a civil penalty of no more than $25. A violation of this section is a civil offense. With the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee's marijuana establishment, any person who possesses on his person or in any public place (i) more than four ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and (ii) more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.
- Possession with intent to sell or otherwise distribute less than one ounce of marijuana: Misdemeanor (up to one year in jail and/or a fine of up to $2,500).
- Possession with intent to sell or otherwise distribute more than one ounce up to five pounds of marijuana: Class 5 Felony (one to 10 years in prison, or in the discretion of the jury or the court trying the case without a jury, one year in jail and/or a fine of up to $2,500).
- Possession with intent to sell or otherwise distribute more than five pounds of marijuana: Felony (five to 30 years in prison).
- Consuming marijuana or marijuana products, or offering to another, in a public place: Civil penalty (no more than $25 for first offense).
- Using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway: Class 4 misdemeanor (a fine of up to $250);
- Manufacturing marijuana: not less than five years nor more than 30 years, fine not to exceed $10,000;
- Home cultivation of marijuana for personal use: A person 21 years of age or older may cultivate up to two mature marijuana plants and two immature marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than two mature marijuana plants and two immature marijuana plants. A person cannot cultivate marijuana without a state license. Any person convicted of a violation of this section is guilty of a Class 6 felony;
- Sale of drugs on or near school property (including universities), state hospital grounds, a public recreation or community center, or any public library is a felony punishable by a mandatory sentence of not less than one year nor more than five years and a fine of not more than $100,000.
Forfeiture of driver's license may also occur as a result of drug violations. (Va. Code Ann. at 18.2-259.1). For penalties for sale of drugs to someone under age 18 who is at least three years younger than the seller, see Va. Code Ann. at § 18.2-255. Enhanced penalties also apply to subsequent offenses.
For complete details, see the Annual Notice to Employees (pdf).