Biennial Review

Drug-Free Schools and Colleges [EDGAR Part 86]

University of Tennessee at Chattanooga: Biennial Review 2018-2020

View UTC Biennial Review 2018-2020 Document

Academic Years:

2018-2019 & 2019-2020

I. Introduction/Overview
II. Biennial Review Process
III. University Alcohol and Other Drug Policies
IV. Alcohol and Other Drug Prevalence Rate, Incidence Rate, & Trend Data
V. Annual Policy and Policy Notification Process: Faculty & Staff
VI. Annual Policy and Policy Notification Process: Students
VII. Alcohol and Other Drug Policy, Sanctions, & Related Data
VIII. Alcohol and Other Drug Prevention and Education Programming, Interventions, and Data
IX. Progress on Prior Recommendations
X. Recommendations for next Biennium
XI. UTC Annual Notification
XII. Appendices:
Appendix A- Student Code of Conduct IV; Student Rights & Responsibilities
Appendix B- Human Resources Policy 720
Appendix C- University of Tennessee at Chattanooga Athletics Drug Testing Policy
Appendix D- 2018 Executive Summary of CORE Drug & Alcohol Survey
Appendix E- UTC 2016 Annual Security & Annual Fire Safety Report
Appendix F- UTC 2017 Annual Security & Annual Fire Safety Report
Appendix G- UTC 2018 Annual Security & Annual Fire Safety Report
Appendix H 2016-2017 AlcoholEdu Executive Summary
Appendix I - 2017-2018 AlcoholEdu Executive Summary

I. Introduction/Overview

In compliance with the Department of Education’s Drug-Free Schools and Communities Act
(DFSCA), as articulated in the Education Department General Administrative Regulations (EDGAR Part 86.100), the University of Tennessee at Chattanooga (UTC) will provide a biennial review of the university’s prevention efforts, disciplinary sanctions, and procedures for distributing the annual alcohol and drug notification to students and employees. The UTC Biennial Review will include data related to alcohol and drug incidents and arrests and recommendations for revising university prevention, education, and disciplinary efforts.

II. Biennial Review Process

The UTC Biennial Review is conducted by the Director for the Center for Student Wellbeing. The UTC Biennial Review will utilize information provided by the UTC Office of the Dean of Students, UTC Counseling Center, UTC Police Department, UTC Residence Life, Center for Student Wellbeing and UTC Athletic Department. University Representatives involved in providing information for the 2016-2018 UTC Biennial Review were:

Tricia Henderson, Center for Student Wellbeing
Brett Fuchs, Office of the Dean of Students
Dr. Rickard & Kelly Drake, Counseling Center
Julie Brown- Human Resources

The 2018-2020 UTC Biennial Review is available online at utc.edu/aod and can be found website for the Center for Student Wellbeing.

A hard copy is also maintained on file at the UTC Center for Student Wellbeing it can be provided to the United States Department of Education, as requested. A copy of the review is maintained by UTC for a minimum of three years.

III. University Alcohol and Other Drug Policies

As an academic community, UTC is committed to providing an environment in which learning and education can flourish. The possession or use of illegal drugs, or the abuse substances which may otherwise be legally possessed, seriously affects the University environment, as well as the individual potential of our students and staff. The University enforces state laws and related University policies, including those prohibiting the following activities on campus:

Code of Conduct Prior to December 2019:

A. Providing alcoholic beverages to individuals under 21 or possession or consumption of
alcoholic beverages by individuals under 21.
B. Distribution, possession, or use of illegal drugs or controlled substances.

The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or offcampus), is prohibited by the Student Code of Conduct IV; Student Rights & Responsibilities (Appendix A). Student Code of Conduct IV: Standards of Conduct states;

A student or student organization may be disciplined for the following types of misconduct:

(19) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on University-controlled property or in connection with a University-affiliated activity.
(20) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.
(21) Providing an alcoholic beverage to a person younger than twenty-one (21) years of age.
(22) Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs or drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued

The University can, and will, impose disciplinary sanctions for violations. Students are also subject to city ordinances and state and federal laws. A separate policy addresses violations by University staff.

In compliance with applicable state and federal laws, Human Resources Policy 720 (Appendix B), prohibits the unlawful use, manufacture, possession, distribution or dispensing of drugs ("controlled substances" as defined in the Controlled Substances Act, 21 U.S.C. 812) and alcohol on University property or during University activities.

The University strongly encourages students and staff members to voluntarily obtain assistance for dependency or abuse problem before such behavior results in an arrest and/or disciplinary referral which might result in their separation from the institution.

The use of, or addiction to, alcohol, marijuana, or controlled substances is not considered an excuse for violations of the Student Conduct Code or staff expectations, and will not be a mitigating factor in the application of appropriate disciplinary sanctions for such violations.

Help is available both on campus and within the community for students and staff members who are dependent on, or who abuse the use of alcohol or other drugs. Students can contact the UTC Counseling and Personal Development Center 423-425-4438 for counseling and crisis services and 423-425-4357 for after-hours crisis services. Faculty and staff can contact 1-855-HERE4TN (1-855-437-3486), and other professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities. UTC Counseling and Personal Development Center, Center for Student Wellbeing, and the Office of the Dean of Students provides educational and awareness programming, information, and assistance for the UTC
community.

The UTC Medical Amnesty Policy encourages all students to seek assistance for themselves or someone else who may be experiencing an alcohol or drug related medical emergency. Student Code of Conduct IV states;

The University of Tennessee is committed to ensuring that it is safe and free from the illegal use, manufacture, possession, distribution, or dispensing of controlled substances (as defined in the Controlled Substances Act, 21 U.S.C. Section 812). To accomplish this, the University has established a student drug abuse prevention program through the Office of Student Affairs. Further, students are subject to a Code of Conduct pertaining to use or possession of controlled substances, and recipients of certain federal financial assistance such as Pell Grants will be required to certify that they will be drug-free during the pendency of the Grant.

What is medical amnesty? This policy is designed to encourage students to get help for those in need and not worry about getting in trouble. It is putting safety and health of our community above the repercussions for violating UTC policies. Who can use the policy? Any student or student group. When can a student use the policy? If you call for help during an emergency before the authorities arrive (police, residence life, etc) you will be protected from UTC judicial action. For more information, please visit http://www.utc.edu/alcohol-drug-education/medicalamnesty.php

The Medical Amnesty policy states;

“In the event of a drug or alcohol emergency, the primary concern is the well-being, health and
safety of the individual(s) involved. The University of Tennessee at Chattanooga recognizes that the potential of disciplinary action creates a barrier for students seeking medical assistance for themselves or other students in alcohol or other drug-related emergencies; therefore, a medical amnesty protocol has been established.

Students/organizations who call for medical assistance for themselves or for another student who they observe to be or feel is dangerously intoxicated/under the influence of alcohol or drugs will not be face formal conduct action by the Dean of Students office for the mere possession of alcohol or drugs. The student/organization, who calls on behalf of another student, is required to remain with the student experiencing the emergency until medical assistance arrives.

The student requiring medical assistance and the referring student(s)/organization will be required to contact the Dean of Students Office at The University of Tennessee at Chattanooga within two weeks of written notification to schedule a meeting and develop follow-up plans. Sufficient evidence must be provided to confirm medical assistance was received at the time of the incident for the medical amnesty policy to apply. If the student/organization complies with all directives within the appropriate timeframe, there will be no disciplinary action taken related to the violation of possession or consumption of alcohol or drugs and no disciplinary record of the incident kept in the students official conduct file.

This policy is only applicable to the individual(s)/organization who are directly involved in the effort to seek medical assistance or the individual in direct need of medical assistance. This policy does not apply to any situation where a campus official or employee (residence hall staff, police officer, or administrative staff) initiates the response for medical assistance or where the reporting student does not stay until assistance arrives.

Medical amnesty applies only to alcohol or other drug-related emergencies but does not apply to other conduct violations such as assault, property damage, or distribution of illicit substances. The use/or abuse of alcohol or drugs is never considered a mitigating circumstance for any other violations of the Student Code of Conduct. Medical amnesty applies specifically to The University of Tennessee at Chattanooga’s conduct and judicial policies and has no influence over criminal or police action or authority. If multiple violations occur the Dean of Students Office will review the additional violations separately and assess the need for further intervention. This policy is not intended to provide a shield or protect students/organizations who conspire to misuse or abuse the policy instead empower students and organization to seek medical attention for those in need without question.”

The UTC Athletic Department supports the health and well-being of all UTC student athletes. The UTC Athletic Department imposes drug testing policies and sanctions per the University of Tennessee at Chattanooga Athletics Drug Testing Policy, see appendix C.

Code of Conduct January 2020-August 2020:

Section 4 Standard of Conduct

(19) Alcohol-Related Misconduct: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, on University- controlled property or in connection with a University-affiliated activity, unless expressly permitted by University rules or policy.

(20) Violation of Federal, State, or Local Alcohol Laws: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, if prohibited by federal, state, or local law.

(21) Providing Alcohol to Minors: Providing alcohol to a person younger than twenty-one (21) years of age, unless permitted by law.

(22) Drug-Related Misconduct: Using, manufacturing, possessing, distributing, selling, or dispensing drugs or drug paraphernalia, or being under the influence of drugs, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription is not issued to the student using or in possession of the prescription drug; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

SECTION 16. AMNESTY FOR GOOD SAMARITANS AND IMPAIRED STUDENTS

(1) The University holds paramount the health, safety, and welfare of students. Accordingly, all students are expected to alert appropriate officials in the event of a health, safety, or welfare emergency, including, without limitation, a situation involving the abuse of alcohol or drugs.

(2) Expectations. When a student knows or reasonably should know that another student is in need of emergency medical attention, the student is expected to: (i) contact appropriate persons (including, but not limited to, University faculty or staff members, law enforcement officials, etc.) to report the incident and request assistance, including providing his or her name and contact information and the name and contact information of the impaired student; and (ii) demonstrate cooperation and care by remaining with the impaired student and providing reasonable assistance during and after the incident. A student who complies with the expectations described in this Section 16 is referred to as a "Good Samaritan." A student in need of emergency medical attention is referred to as an "impaired student" under this Section 16.

(3) Amnesty for Good Samaritans. Unless a Good Samaritan has engaged in repeated or serious violations of the Code (including, but not limited to, physical or sexual assault, property destruction, disorderly behavior, theft, multiple alcohol or drug violations), a Good Samaritan will not be subject to formal University disciplinary action for any Code violation(s) discovered by the University as a result of the Good Samaritan's report. While no formal University disciplinary action may be taken, a Good Samaritan may be required to meet with the Office of Student Conduct to discuss the Good Samaritan's Code violation(s) and adhere to appropriate remedial and/or educational recommendations.

(4) Amnesty for Impaired Student. Unless an impaired student has engaged in repeated or serious violations of the Code (including, but not limited to, physical or sexual assault, property destruction, disorderly behavior, theft, multiple alcohol or drug violations), an impaired
student will not be subject to formal University disciplinary action for any Code violation(s) discovered by the University as a result of the Good Samaritan's report. While no formal University disciplinary action may be taken, the impaired student may be required to meet

with the Office of Student Conduct to discuss the impaired student's Code violation(s), participate in educational activities, and/or establish that he or she has addressed the issues that contributed to the Code violation(s).

organization is found responsible. Conversely, the failure of a student organization's officers and/or members to take responsible action in emergency situations in accordance with the expectations under Section 16(2) of this Chapter may be considered an aggravating factor when determining disciplinary sanctions, if any, for any Code violation(s) for which the student organization is found responsible.

Code of Conduct August 2020 to current:

Section 4 Standard of Conduct

(5) Misconduct Not Excused by Intoxication or Impairment. The intoxication or impairment of a student by alcohol, drugs, or other substances will not diminish or excuse any conduct in
violation of the Code that the student commits while intoxicated or impaired, except as provided under Section 16 of this Chapter.

(19) Alcohol-Related Misconduct: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, on University-controlled property or in connection with a University-affiliated activity, unless expressly permitted by University rules or policy.

(20) Violation of Federal, State, or Local Alcohol Laws: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, if prohibited by federal, state, or local law.

(21) Providing Alcohol to Minors: Providing alcohol to a person younger than twenty-one (21) years of age, unless permitted by law.

(22) Drug-Related Misconduct: Using, manufacturing, possessing, distributing, selling, or dispensing drugs or drug paraphernalia, or being under the influence of drugs, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription is not issued to the student using or in possession of the prescription drug; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

SECTION 11. DISCIPLINARY SANCTIONS

(1) Disciplinary sanctions are primarily intended to: (i) educate Respondents about appropriate behavior; (ii) encourage Respondents to take responsibility for Code violation(s); (iii) encourage and promote the personal and professional development of Respondents; (iv) discourage other students from violating the Code; and/or (v) protect members of the University community.

(2) The disciplinary sanctions imposed on a Respondent should be appropriate for the particular case based on the gravity of the Code violation, including, without limitation, how the
violation affected or reasonably could have affected other members of the University community. Consideration also may be given to other aggravating or mitigating factors, including, without limitation: (i) the Respondent's student conduct record; (ii) whether the Respondent committed the violation while acting in self-defense; (iii) the Respondent's responsiveness to the student conduct process; and (iv) the Respondent's academic classification.

(3) The following disciplinary sanctions may be imposed on a student (excluding student organizations) found to have violated the Code:

(a) Disciplinary Reprimand. A disciplinary reprimand is a written warning that informs a Respondent that the Respondent is violating or has violated the Code and must cease and desist from engaging in the misconduct and/or prevent the misconduct from occurring again. A disciplinary reprimand will also inform the Respondent that any further violations of the Code may result in the imposition of more severe sanctions.

(b) Loss or Restriction of Privileges. The University may impose a loss and/or restriction of privileges on a Respondent. Privileges that may be lost and/or restricted include, without limitation, the following: (i) scholarships; (ii) stipends; (iii) participation in co-curricular and/or extracurricular activities; and (iv) use and/or access to certain University-controlled property. A loss and/or restriction of privileges may be imposed for a definite or indefinite period of time.

(c) Community Service. A Respondent may be required to perform unpaid service for a designated University department, program, or service and/or a University-affiliated or unaffiliated not-for-profit or volunteer organization.

(d) Educational Sanction. A Respondent may be required to complete an educational assignment or program. Educational assignments and programs are designed to educate the Respondent about why certain conduct is inappropriate. Examples of educational assignments include, without limitation: (i) writing a reflection and/or research paper on a designated topic; (ii) completing a research project on a designated topic; (iii) giving a presentation on a designated topic; and (iv) issuing a formal apology in writing and/or in person. An educational program may include, without limitation, attending and satisfactorily completing an in-person or distance learning course, training, or workshop on alcohol or drug use, civility, ethics, or other UTC Student Code of Conduct 35
(Updated August 14, 2020)
topics deemed appropriate by the Office of Student Conduct. The Respondent will be responsible for all costs associated with the educational assignment or program.

(e) Fee or Fine. The University may impose a monetary fee or fine for any cost incurred by the University as a result of the Respondent's conduct and may require that the Respondent pay the fee or fine by a designated due date.

(f) Restitution. The University may require a Respondent to make restitution to another person or organization or the University for destruction, damage, or loss of property caused by the Respondent, or for unreimbursed medical expenses resulting from physical injury of another person caused by the Respondent. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss caused by the Respondent.

(g) Reassignment or Removal from University Housing. The University may reassign a Respondent to a different University housing facility or remove and prohibit a Respondent from residing in any University housing facility for a definite or indefinite period of time.

(h) Disciplinary Probation. A Respondent may be placed on disciplinary probation for serious or moderate Code violations or in the case of multiple or repeated minor Code violations. A Respondent may be placed on disciplinary probation for a definite or indefinite period of time, during which time the Respondent may continue to be enrolled at the University. While the Respondent is on disciplinary probation, conditions may be placed on the Respondent's continued enrollment at the University, and University departments, programs, and/or services may limit or prohibit participation in certain activities. If a Respondent commits any further Code violations while on disciplinary probation, the Respondent may be subject to more severe sanctions up to and including permanent dismissal.

(i) Suspension. Suspension is an official separation from the University for a specific period of time and/or until certain conditions are met. A Respondent may be suspended from the University for serious Code violations, in the case of multiple or repeated moderate or minor Code violations, and/or for any Code violations while on disciplinary probation. While on suspension, a Respondent (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; and (iii) is ineligible to apply for readmission to the University during the suspension period and/or until certain conditions are met. If a Respondent is suspended, the Respondent is prohibited, without the prior approval of the Vice Chancellor for Student Affairs (or his or her designee), from entering upon all University-controlled property, including University residence halls, from the date that the suspension period begins until such date that the Respondent is readmitted to the University (even if the suspension period ends prior to the date of the Respondent's readmission). Entering upon University-controlled property without prior approval from the Vice Chancellor for Student Affairs (or his or her designee) may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee. Respondents permitted to return to the University following a period of suspension will be automatically placed on disciplinary probation for a designated period of time following their return. A Respondent who commits any Code
UTC Student Code of Conduct 36
(Updated August 14, 2020)
violations while on suspension may be subject to suspension for an additional period of time or barred from readmission and/or re-enrollment at the University.

(j) Permanent Dismissal. Permanent dismissal is an official and permanent separation from the University. A Respondent may be permanently dismissed from the University when the Respondent's commission of one (1) or more Code violations is deemed so serious as to warrant total and permanent disassociation from the University or when, through repeated violations of the Code and/or violations of the Code while on disciplinary probation or suspension, the Respondent exhibits blatant disregard for (i) the health, safety, and welfare of himself or herself or other members of the University community or (ii) the University's right to establish rules of conduct. A Respondent who is permanently dismissed from the University: (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; (iii) is indefinitely prohibited, without prior approval of the Vice Chancellor for Student Affairs (or his or her designee) from entering upon all University controlled property, including University residence halls; and (iv) is permanently barred from re-enrolling at the University. Entering upon University-controlled property without prior approval from the Vice Chancellor for Student Affairs (or his or her designee) may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee.

(k) Revocation of Admission. The University may revoke a Respondent's admission to the University after the Respondent's admission to the University but prior to Respondent's enrollment at the University, if the Respondent (i) provides false or incomplete information on Respondent's application for admission; or (ii) violates federal, state, or local law or the Code prior to enrollment. A Respondent whose admission has been revoked: (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; and (iii) is indefinitely prohibited from entering upon all University-controlled property, including residence halls, without prior approval of the Vice Chancellor for Student Affairs (or his or her designee). Entering upon University- controlled property without prior approval from the Vice Chancellor for Student Affairs may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee.

(l) Withholding of Degree. The University may withhold awarding a degree to a Respondent who has violated any University rule or policy. The University may withhold a degree for a definite period of time and/or until the Respondent has completed or served all sanctions or other requirements imposed by the University for releasing its award of the degree.

(m) Revocation of Degree. The University make revoke a degree awarded to a Respondent if the Respondent obtained the degree, in part, through cheating, plagiarism, academic dishonesty, research misconduct, or other serious violation of the Code. The University may also revoke a Respondent's degree if, after the degree was awarded, the University determines that the Respondent committed a serious violation of the Code while a student, but prior to being awarded the degree, that would have warranted permanent dismissal of the Respondent. Before a Respondent's degree may be revoked, the Chancellor must approve the revocation of the degree.

(4) The following disciplinary sanctions may be imposed on a student organization found to have violated the Code:

(b) Loss or Restriction of Privileges. The University may impose a loss or restriction of privileges on a Respondent. Privileges that may be lost or restricted include, without limitation, the following: (i) participation in extracurricular activities (e.g., intramurals); (ii) housing privileges; (iii) participation in or sponsorship of social activities; and (iv) use and/or access to certain University-controlled property. A loss or restriction of privileges may be imposed for a definite or indefinite period of time.

(c) Fee or Fine. The University may impose a monetary fee or fine for any cost incurred by the University as a result of the Respondent's conduct and may require that the Respondent pay the fee or fine by a designated due date.

(d) Restitution. The University may require a Respondent to make restitution to another person or organization or the University for destruction, damage, or loss of property caused by the Respondent, or for unreimbursed medical expenses resulting from physical injury of another person caused by the Respondent. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss caused by the Respondent.

(e) Community Service. Members of the Respondent may be required to perform unpaid service for a designated University department, program, or service and/or a University- affiliated or unaffiliated not-for-profit or volunteer organization.

(f) Educational Sanction. Members of the Respondent may be required to complete an educational program. Educational programs are designed to educate the Respondent's members about why certain conduct is inappropriate. An educational program may include, without limitation, attending and satisfactorily completing an in-person or distance learning course, training, or workshop on alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Office of Student Conduct. The Respondent will be responsible for all costs associated with the educational program

(g) Disciplinary Probation. A Respondent may be placed on disciplinary probation for serious or moderate Code violations or in the case of multiple or repeated minor Code violations. A Respondent may be placed on disciplinary probation for a definite or indefinite period of time, during which time the Respondent may continue to operate at the University. While the Respondent is on disciplinary probation, conditions may be placed on the Respondent's continued operation, and University departments, programs, and/or services may limit or prohibit Respondent's participation in certain activities. If a Respondent commits any further Code violations while on disciplinary probation, the Respondent may be subject to more severe sanctions up to and including suspension or revocation of University registration.

(h) Suspension. Suspension is an official separation from the University for a definite period of time and/or until certain conditions are met. A Respondent may be suspended from the University for serious Code violations, in the case of multiple or repeated moderate or minor Code violations, and/or for any Code violations while on disciplinary probation. While on suspension, a Respondent (i) may not operate at the University; (ii) may not represent the University in any manner; (iii) and is ineligible to resume operations at the University during the suspension period and/or until certain conditions are met. The Vice Chancellor for Student Affairs will determine whether the Respondent has fulfilled the required conditions for resuming operations at the University. Respondents permitted to resume operating at the University following a period of suspension will be automatically placed on disciplinary probation for a designated period of time following the suspension term. A Respondent who commits any Code violations while on suspension may be subject to suspension for an additional period of time or revocation of its registration with the University.

(i) Revocation of University Registration. In cases of a serious Code violation by a Respondent or a Respondent's violation of the Code while on disciplinary probation or suspension, the University may revoke the Respondent's registration with the University and cease to recognize the Respondent as a University-sanctioned student organization for a definite or indefinite period of time. If a Respondent's registration is revoked, the Respondent is barred from operating at the University.

(5) More than one (1) of the disciplinary sanctions provided in this Section 11 may be imposed on a Respondent for any single violation of the Code.
(6) Disciplinary sanctions may be applied retroactively to the date of the Code violation(s) committed by the Respondent.

SECTION 17. AMNESTY FOR GOOD SAMARITANS AND IMPAIRED STUDENTS

(2) Expectations. When a student knows or reasonably should know that another student is in need of emergency medical attention, the student is expected to: (i) contact appropriate persons (including, but not limited to, University faculty or staff members, law enforcement officials, etc.) to report the incident and request assistance, including providing his or her name and contact information and the name and contact information of the impaired student; and (ii) demonstrate cooperation and care by remaining with the impaired student and providing reasonable assistance during and after the incident. A student who complies with the expectations described in this Section 17 is referred to as a "Good Samaritan." A student in need of emergency medical attention is referred to as an "impaired student" under this Section 17.

(5) Application to Student Organizations. Student organizations, through their officers and members, are also expected to take responsible action in emergency situations in accordance with the expectations under Section 17(2) of this Chapter. A student organization may receive amnesty for any Code violation(s) discovered by the University as a result of the Good Samaritan reports of its officers and/or members, but if not granted amnesty, the responsible actions of its officers and/or members will be considered a mitigating factor when determining disciplinary sanctions, if any, for any Code violation(s) for which the student organization is found responsible. Conversely, the failure of a student organization's officers and/or members to take responsible action in emergency situations in accordance with the expectations under Section 17(2) of this Chapter may be considered an aggravating factor when determining disciplinary sanctions, if any, for any Code violation(s) for which the student organization is found responsible.

IV. Alcohol and Other Drug Prevalence Rate, Incidence Rate, and Trend Data

The Core Drug and Alcohol Survey and the National College Health Assessment are used to assess current trends in usage, risk, and protective behaviors. Included in this report are the Executive Summary of the Core Survey 2018, the UTC 2018, 2019, 2020 Annual Security & Fire Safety Reports, 2018 Healthy Minds Survey and 2018-2019, 2019-2020 AlcoholEdu Executive Summaries in Appendices D, E, F, G &H.

Core survey data (Appendix D) measures student’s attitudes, perceptions, and behaviors related to alcohol and drug use. The table below compares six data points which were the focus of the prevention and education efforts between Core surveys. The Core Drug and Alcohol Survey was conducted in Spring 2018 and funded through the Coalition for Healthy and Safe Campus Communities. Included in the following table are six examples of CORE Survey area results:

2018 CORE Survey Results

29.6% reported drinking five or more drinks in one setting.

40.8% of UTC students report they “don’t know” if the UTC campus has an alcohol and drug prevention program.

UTC students report experiencing impacts of alcohol and drug use including; 17.6% missing class, 15.6% performing poorly on tests, and 21.4% reported doing something they later regretted.

46.7% of respondents reported alcohol makes it easier to deal with stress.

12.5% of UTC students report they have driven a car while intoxicated.
39.4% of underage students (younger than 21) who consumed alcohol in the previous 30 days.

Data collected by the UTC 2019 Healthy Minds Survey (Appendix ) includes information related mental health and substance use. The Healthy Minds Study provides a detailed picture of mental health and related issues in college student populations. Schools typically use their data for some combination of the following purposes: to identify needs and priorities; benchmark against peer institutions; evaluate programs and policies; plan for services and programs; and advocate for resources. Relevant data from the Healthy Minds survey includes:

Academic Impairment: In the past 4 weeks, how many days have you felt that emotional or mental difficulties have hurt your academic performance?

6 or more days 22%
3 - 5 days 22%
1 - 2 days 34%
None 22%

Health Behaviors and Lifestyle:
Drug use: Over the past 30 days, have you used any of the following drugs? (Select all that apply):
Marijuana: 24%
Cocaine: 2%
Heroin: 0%
Opioids: 1%
Benzodiazepenes: 1%
Methamphetamines: 0%
Other Stimulants: 3%
Ecstasy: 0%
Other Drugs without a prescription: 1%
None of the Above: 75%

Binge drinking:
The following questions ask about how much you drink. A "drink" means any of the following:

12-ounce can or bottle of beer
4-ounce glass of wine
shot of liquor straight or in a mixed drink

During the last two weeks, how many times have youhad 4 (female), 5 (male), 4 or 5 (other gender) or more drinks in a row? (among those with any alcohol use)

10 or more times 2%
6 to 9 times 3%
3 to 5 times 14%
Twice 18%
Once 24%
None 39%

Data presented in the UTC 2018, 2019, 2020 Annual Security & Annual Fire Safety Reports (Appendices E, F, & G) pertains to the arrests, citations, and incidents reported on-campus for UTC. The following tables represent the arrests and disciplinary referrals during 2018, 2019, 2020:

Charge	Year	On Campus	Non-Campus	Public Property	Total	Residential Facility
Arrest: Liquor Law Violation	2018	4	0	2	6	2
Arrest: Liquor Law	2019	0	0	1	1	0
Arrest: Liquor Law	2020	N/A	N/A	N/A	N/A	N/A
Arrest: Drug Law Violation	2018	12	0	24	36	10
Arrest Drug- related Violation	2019	8	1	14	23	3
Arrest Drug- related Violation	2020	N/A	N/A	N/A	N/A	N/A
Disciplinary Referrals: Liquor Law	2018	224	0	3	227	220
Disciplinary Referrals: Liquor Law	2019	410	6	7	423	391
Disciplinary Referrals: Liquor Law	2020	N/A	N/A	N/A	N/A	N/A
Disciplinary Referral: Drug- Related Violations	2018	135	0	5	140	118
Drug-Related Violations	2019	148	0	21	196	126
Drug-Related Violations	2020	N/A	N/A	N/A	N/A	N/A
Drug Overdose	2019	3	N/A	N/A	N/A	N/A
Intoxicated Person	2019	22	N/A	N/A	N/A	N/A
Narcotics Violation	2019	58	N/A	N/A	N/A	N/A

The Office of the Dean of Students provided the data to the number of violations and convictions of students for alcohol and drug related offenses from 2018-2020 provided in the table below related to sanctions for violations.

	(19) Alcohol- Related Misconduct		(20) Violation of Federal, State, or Local Alcohol Laws		(21) Providing Alcohol to Minors		(22) Drug- Related Misconduct
	2018- 2019	2019- 2020	2018- 2019	2019- 2020	2018- 2019	2019- 2020	2018- 2019	2019- 2020
Responsible	298	332	281	294	6	1	121	135
Not Responsible	111	144	95	146	2	3	59	79
Medical Amnesty	2	6	4	6	0	0	1	1

	(19) Alcohol- Related Misconduct		(20) Violation of Federal, State, or Local Alcohol Laws		(21) Providing Alcohol to Minors		(22) Drug- Related Misconduct
	2018- 2019	2019- 2020	2018- 2019	2019- 2020	2018- 2019	2019- 2020	2018- 2019	2019- 2020
Disciplinary Reprimand	246	264	224	250	6	3	14	20
Disciplinary Probation	70	78	75	80	2	1	122	129
Suspension	0	3	2	4	0	0	4	3
Permanent Dismissal	0	0	0	0	0	0	0	1
Alcohol Education Course	243	210	236	196	4	3	N/A	N/A
Alcohol Education Screening (Level 1)	57	56	57	54	1	1	N/A	N/A
Alcohol Education Screening (Level 2)	0	6	5	12	0	0	N/A	N/A
Cannabis Education Screening	N/A	N/A	N/A	N/A	N/A	N/A	101	98
Substance Abuse Screening	6	20	6	17	0	0	13	24
Accomplishments Plan	3	7	3	7	0	0	2	10
Community Service	10	5	12	7	0	0	9	6
Letter of Apology	0	5	0	3	0	1	0	1
Follow Up Meetings	0	3	3	3	0	0	0	4
Loss of Privilege - General	2		0		0	0	0	1
Loss of Privilege - Housing	0	4	0	3	0	0	3	4
Loss of Privilege - Housing Guests	0	1	0	1	0	0	0	1

V. Annual Policy and Policy Notification Process: Employees

2/8/18, 3/4/19, 2/4/20 Sent from UT System Human Resources:

As provided below, the University of Tennessee (UT) provides faculty and staff with an email notification of the UT Policy on a Drug- and Alcohol-free Campus and Workplace. This notification is sent to all active employee email addresses within the UT system.

Policy on a Drug-Free Campus and Workplace

The University of Tennessee is committed to maintaining a safe and healthy environment for all faculty, staff and students. This message should serve as an annual reminder of this commitment.

In compliance with applicable state and federal laws, Human Resources Policy 720 prohibits the unlawful use, manufacture, possession, distribution or dispensing of drugs ("controlled substances" as defined in the Controlled Substances Act, 21 U.S.C. 812) and alcohol on University property or during University activities. This policy includes terms for disciplinary action and is available for review at the link above.

Questions about the policy should be directed to Human Resources at [email protected]. The University's Employee Assistance Program is another resource and is available toll-free at (855) 437-3486.

VI. Annual Policy and Policy Notification Process: Students

UTC students are offered a copy of the Student Handbook by email each semester. They can all receive a copy from the Dean of Students office during regular business hours or find the handbook online at https://www.utc.edu/student-conduct/codes.php.

In addition to the Student Handbook, students are made aware of alcohol and drug policies during summer orientation, residence life meetings, AlcoholEdu course, and other activities throughout the year. During orientation students are educated about campus alcohol and drug policies while attending orientation.

As provided below, UTC provides faculty and staff with an email notification. This notification is sent to all student email addresses within the UTC system (2/8/2018,10/05/2018, 2/11/2019, 2/18/2020, 10/05/2020).

Alcohol- and Drug-Free Campus Policy, Resources, and Information Notification

The University of Tennessee at Chattanooga (UTC) is dedicated to the wellbeing of our campus community. UTC Student Code of Conduct prohibits the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees. In accordance with the Drug Free Schools and Campuses Act [Edgar Part 86], UTC is required to provide enrolled students, faculty, and staff with notification which provides specific information regarding the unlawful use of drugs or alcohol on university property, legal sanctions, health risks, available assistance and treatment avenues and University-imposed disciplinary standards. The UTC Annual Notification can be found at http://www.utc.edu/alcohol-drug-education/edgar86.php .

UTC Annual Notification Table of Contents:

University of Tennessee at Chattanooga Policies
UTC Student Code of Conduct
Commonly Imposed Disciplinary Sanctions for On-Campus Policy Violations
State of Tennessee Laws & Sanctions
Federal Drug Laws
Health Risks of Commonly Abused Substances
Counseling and Treatment Resources
Prevention and Education

The complete Student Conduct Code is available for review at: http://www.utc.edu/dean- students/student-handbook.php .

The complete 2014-2016 Biennial Review is available for review at: http://www.utc.edu/alcohol-drug- education/edgar86.php .

Questions about this email, UTC policies, or alcohol and other drug resources should be directed to Tricia Henderson at 423-425-4940 or [email protected] .

VI. Alcohol and Other Drug Policy, Sanctions and Related Data

Alcohol and other drug sanctions are imposed by the Dean of Students Office and Residence Life Office. Due to recent amendments to Tennessee Code Annotated, Title 49, Chapter 7, Part 1 by the General Assembly (House Bill 4088, Senate Bill 4108), UTC is required to notify the parents or guardians of students under the age of 21 when those students are found responsible for alcohol- and drug-related offenses. If a student under the age of 21 is found to be responsible for the use and/or possession of drugs or drug paraphernalia, the resultant sanction will include notification of the parent/guardian by the Dean of Students Office. In the event of a first or second violation of the alcohol policy by a student, the resultant sanction may include, but is not limited to, probation, an alcohol education course, and community service. In addition to the aforementioned sanctions, a third violation of the alcohol policy by a student under the age of 21 will result in the notification of the parent/guardian by the Dean of Students Office. In addition, the parent/guardian may be contacted in any instance in which the health or safety of the student has been threatened either through the student’s own acts or the acts of others.

Fee Schedule for alcohol and other drug sanctions beginning 2019:
A. Alcohol Education Course (AlcoholEdu for Sanctions): $25.00.
B. Alcohol Education Group: $25.00 per session/$50.00 total.
C. Alcohol Education Screening: $50.00 per session/$100.00 total.
D. Cannabis Education Screening: $50.00 per session/$100.00 total.
E. Substance Abuse Screening: $100.00 total.

VII. Alcohol and Other Drug Prevention and Education Programming, Interventions, and Data

An inventory of UTC prevention and education interventions includes a wide variety of interventions and services for individual students at the universal, selective, and indicated levels. Programming strategies include online assessments (eCheckup), educational programming, social norms campaigns, late night and other alternative programming, and motivational interviewing sessions. Campus alcohol and other drug policies are designed to limit availability of alcohol and drugs through environmental management. Campus public safety officers, as well as other UTC representatives, also coordinate with local law enforcement and the Hamilton County Alcohol and Drug Prevention Coalition to advocate and enforce alcohol and drug policies in the surrounding community.

AlcoholEdu and Sexual Assault Prevention Course Completion Rates:

AlcoholEdu 2018-2019	Total	Part I	Part II	Did not complete Part I or Part II
Undergraduate	2860	1310	1181	697
Graduate	328
Total Students	3188

SAP 2018-2019	Total	Part I	Part II	Did not complete Part I or Part II
Undergraduate	2860	1492	1067	301
Graduate	328	124	137	204
Total Students	3188			505

SAP 2019-2020	Total	Part I	Part II	Did not complete Part I or Part II
Undergraduate	2859	1373	1113	373
Graduate	194	48	92	54
Total Students	3053	1421	1205	427	86%

AlcoholEdu 2019-2020	Total	Part I	Part II	Did not complete Part I or Part II
Undergraduate & Graduate Students	3053	1380	1120	553	82%

AlcoholEdu Sanctions Course Completions:
2018: 149
2019: 275

Alcohol and Marijuana eCheckup Completion:
2018: 128
2019: 154

Assessments Performed by the Assistant Director for Alcohol, Other Drug & Mental Health Education:
2017: 148 Individual Assessments
2018: 29 Individual Assessments

Motivational Interviews Performed by Interns under supervision of the Assistant Director for Alcohol, Other Drug, and Mental Health Education/Director, Center for Student Wellbeing:
2018: 236
2019-2020: 260

Counseling Center visits:
86%
82%

2018-2019 Referrals or Admittances to Higher Level of Care	Number
Referred to Inpatient Alcohol and Drug Treatment	0
Referred to Outpatient Alcohol and Drug Treatment	1
Admitted to Inpatient Eating Disorder Treatment	0
Admitted to Outpatient Eating Disorder Treatment	0
Referred for Inpatient Hospitalization	10
Admitted to Voluntary Inpatient Hospitalization or Crisis Stabilization	9
Admitted to Involuntary Inpatient Hospitalization or Crisis Stabilization	3
Referred to Mental Health Intensive Outpatient	7
Transported to Emergency Room	7
Evaluated by Crisis Response Team	10

2019-2020 Referrals or Admittances to Higher Level of Care	Number
Referred to Inpatient Alcohol and Drug Treatment	0
Referred to Outpatient Alcohol and Drug Treatment	0
Admitted to Inpatient Eating Disorder Treatment	0
Admitted to Outpatient Eating Disorder Treatment	0
Referred for Inpatient Hospitalization	6
Admitted to Voluntary Inpatient Hospitalization or Crisis Stabilization	3
Admitted to Involuntary Inpatient Hospitalization or Crisis Stabilization	2
Referred to Mental Health Intensive Outpatient	4
Transported to Emergency Room	2
Evaluated by Crisis Response Team	3

Human Resources Referrals, Disciplinary Sanctions, and Other Information:

One set of possible measures comes from records of drug and alcohol-related events, including the following:

1. Disciplinary sanctions imposed:
We have no record of employee disciplinary sanctions related to incidents with drugs and/or alcohol. 2. Referrals for counseling or treatment:
HR has a record of making one referral to EAP for counseling or treatment for the use of drugs and alcohol.
3. Incidents recorded in the logs of campus police or other law enforcement officials:
Only campus police would have this information.
4. Incidents of vandalism:
Only campus police would have this information. We have no record of such incidents for employees.

Other potentials measures suggested by the Department of Education include the following:

1. The number of students, faculty, and staff attending self-help or other counseling groups that address alcohol or other drug abuse:
EAP services for employees are confidential and HR does not have access to who may or may not be seeking these services.
2. Students’ and employees attitudes and perceptions about the alcohol or other drug problem on campus:
The HR office has not sought this information from employees.
3. Use levels of alcohol and other drugs by students and employees:
The HR office has not sought this information from employees.

The UT System Office distributes annual reminders to employees regarding the Edgar 86 requirements.

University of Tennessee at Chattanooga
2018
Alcohol, Other Drug, and Mental Health Prevention and Education

Programs & Outreach:

AlcoholEdu & Sexual Assault Implementation: Implied mandate for all incoming freshman, transfer, and graduate to complete a web based alcohol and drug awareness program/course.
Social Norms Campaign: Uses campus specific data (CORE 2015 results) to correct false beliefs, shape student choices, provide accurate information about campus norms, present positive role model for healthy behaviors and convey social rewards for specific choices. This project is grant funded by CHASCo. Campaign includes print materials and advertisements in FSL recruitment book, Echo, and Orientation handbooks (students, parents, transfer).
UTC Step UP Bystander Intervention program coordinator, trained approximately 395 (athletes, fraternity and sorority members, UHON, etc).
On-Call for the Transformation Project and the Counseling and Personal Development Center.
Completed implementation of the SmokeFree UTC initiative.
Certified as a Youth Mental Health First Aid Instructor.
Certified as a Clinical Supervisor for individuals seeking licensure as a LPC-MHSP.
Supervisor for Motivational Interviewing with BSW and MSW students.
Active Minds- Advisor.
Students for Opioid Solutions- Advisor.
Opioid Overdose Reversal Training- trained 60 people.
Suicide Prevention (QPR & Assist) Trainings for faculty, staff, and students (trained 337 people).
Safe Zone committee member and presenter.
Coordinate Residence Life trainings (Alcohol and Other Drug, Step UP! & MH): Resident Directors and Resident Assistants.
Faculty and Staff CARE team member.
UTC Sexual Misconduct & Relationship Violence Committee Member.
UTC Sexual Misconduct & Relationship Violence Education and Programming Committee Member.
Responsible for maintain and updating utc.edu/aod , utc.edu/stepup, and utc.edu/advocateinitiative
Programs (2350 students/faculty/staff attended):

o Goat Yoga
o Prescription Drug Take-Back- Partnership with community coalitions, Blood Assurance, Tennessee American Water, and US District Attorney’s Office. Collected over 30lbs.
o Worked with UTCPD to bring a permanent take-back box to campus.
o Active Minds programming and meetings.
o Stress Less Fair: provides alternative resources to alcohol and drug use during finals and end of the year.
o Suicide Prevention and Awareness signs posted around campus.
o Fresh Check Day- Addressing mental health awareness and suicide prevention.
o Safe Spring Break information: Coordinated Spring Break or Bust Bags and Splash into Spring Break pool party.
o Suicide Awareness Month: Kevin Hines, training, and conference. o Sending Silence Packing
o Collaboration with campus law enforcement and other departments to provide educational events- tables, residence life programs, and fraternity and sorority awareness.
o Hamilton County Community Coalition and partnership to address underage drinking and community issues: Environmental Review of 15 locations during high-risk times.

Membership Organizations & Community Partnership:

Tennessee Suicide Prevention Network: Southeast Regional Chair
Tennessee Suicide Prevention Network: Governor’s Advisory Board
Tennessee Suicide Prevention Network: Higher Education Taskforce
Hamilton County Health Department Alcohol and Drug Coalition: Community Partner
Hamilton County Alcohol and Drug Coalition: Chair
Coalition for Healthy and Safe Campus Communities (CHASCo): Vice Chair
Campus Leadership Consortium (CHASCo and Sexual Assault Center): Member
Chattanooga Embracing Hope Committee: Member •

2019 Center for Student Wellbeing (CSW)

Programs & Outreach:

• AlcoholEdu & Sexual Assault Implementation: Implied mandate for all incoming freshman, transfer, and graduate to complete a web based alcohol and drug awareness program/course.
• Social Norms Campaign: Uses campus specific data (CORE 2015 results) to correct false beliefs, shape student choices, provide accurate information about campus norms, present positive role model for healthy behaviors and convey social rewards for specific choices. This project is grant funded by CHASCo. Campaign includes print materials and Orientation handbooks (students, parents, transfer).

Conducted the Healthy Minds Survey: 1307 students.
Chairing the four-year strategic planning process with JED Campus.
Sponsorship of the first UTC home football game with wellness information and video advertisements.
Completed the SmokeFree UTC initiative for campus.
Started the UTC Wellness Advisory Council.
UTC Step UP Bystander Intervention program coordinator, trained 1179 (athletes, fraternity and sorority members, UHON, etc).
Sexual Misconduct and Relationship Violence Training and Programs with 1277 students, faculty, and staff.

Opioid Overdose Reversal Training- trained 205 people.
Suicide Prevention (QPR & Assist) Trainings for faculty, staff, and students (trained 587 people).

On-Call for the Transformation Project.
Supervisor for Motivational Interviewing with two M.Ed. students, one MSW student and three BSW students.

Active Minds- Advisor.
Students for Opioid Solutions- Advisor.
Coordinate Residence Life trainings (AOD, Step UP! & MH): Resident Directors and Resident Assistants.

Faculty and Staff CARE team member.
UTC Sexual Misconduct & Relationship Violence Committee Member.

• UTC Sexual Misconduct & Relationship Violence Education and Programming Committee Member.

Responsible for maintain and updating CSW website.
Programs (11057 students/faculty/staff attended):

o Suicide Prevention and Awareness signs posted around campus.
o Fresh Check Day- Addressing mental health awareness and suicide prevention.
o Safe Spring Break information: Coordinated Spring Break or Bust Bags and Splash into Spring Break pool party.
o The Addicted Brain: collaboration with Bradford Health.
o Suicide Awareness Month: Lighting the Way to Hope, trainings, and conference.
o Sending Silence Packing
o Collaboration with campus law enforcement and other departments to provide educational events-tables, residence life programs, and fraternity and sorority awareness.
o Hamilton County Community Coalition and partnership to address underage drinking and community issues: Environmental Review of 15 locations during high-risk times.
o Center for Mindful Living partnership for labyrinth, presence bar, and yoga sessions.
o Prescription Drug Take-Back- Partnership with community coalitions, Blood Assurance, Tennessee American Water, and US District Attorney’s Office. Collected over 150lbs. o Active Minds programming and meetings.
o Stress Less Fair: provides alternative resources to alcohol and drug use during finals.
o Goat Yoga
o Halloween: Consent and Alcohol program

Membership Organizations & Community Partnership:

Tennessee Suicide Prevention Network: Southeast Regional Chair
Tennessee Suicide Prevention Network: Governor’s Advisory Board
Tennessee Suicide Prevention Network: Higher Education Taskforce
Hamilton County Health Department Alcohol and Drug Coalition: Member
Hamilton County Alcohol and Drug Coalition: Chair
Coalition for Healthy and Safe Campus Communities (CHASCo): Chair
Campus Leadership Consortium (CHASCo and Sexual Assault Center): Member
Chattanooga Embracing Hope Committee: Member

Grant Funding:

$4500 CHASCo prevention grants
$2500 TSPN training and materials grants

IX. Progress on Prior Recommendations

Based on a review of current alcohol and other drug prevention programs and on current usage statistics, the following recommendations were recommended in the 2016-2018 review:

1. Provide psychoeducational groups and motivational interviewing to first time alcohol
offenders. UTC implemented the Motivational Interviewing Program to include alcohol and drug first, second, and third time offenses to include motivational interviewing sessions with master’s level counseling and social work interns.
2. Implement a student fee for all students sanctioned for motivational interviewing. Revenue from the motivational interviewing fee will be used to increase prevention programming and other initiatives. UTC implemented a fee schedule for alcohol and drug related offenses and sanctions to the Motivational Interviewing schedule. Revenue is directly provided to the Center for Wellbeing and Clinical Counseling program to further train interns and provide funding for additional prevention programs.
3. Increase staff to address the alcohol and drug prevention and sexual assault prevention. In 2019 we received a new position in the Center for Student Wellbeing to focus on sexual assault prevention and case management. In 2020 the Center for Student Wellbeing was awarded the Garrett Lee Smith grant through SAMHSA for mental health prevention (including substance use).
4. Continue to coordinate with administrators implementing policies in compliance with the Violence Against Women Act (VAWA), including the Campus Sexual Violence Elimination Act (Campus SaVE), as relates to alcohol and other drug issues. We increased our programming and information with the new position in the Center for Student Wellbeing.
5. The next review will be due in December of 2020 and will review the 2018-2019 & 2019- 2020 academic years. Completed.
6. Develop protocol to distribute information required to maintain compliance with the Department of Education’s Drug-Free Schools and Communities Act (DFSCA), as articulated in the Education Department General Administrative Regulations (EDGAR Part 86.100). The information provided below in the Education Department General Administrative Regulations (EDGAR) Edgar 86: Federal Drug-Free Schools and Campuses Regulations University of Tennessee at Chattanooga should be distributed to all students, faculty, and staff each semester to meet compliance standards. Continued.

X. Recommendations for Next Biennium

Based on a review of current alcohol and other drug prevention programs and on current usage statistics, the following recommendations are recommended for 2018-2020:

Increase promotion of the UTC Be Well model for wellness.
Provide students with increased information related to the medical amnesty policy and how to utilize the policy.
Increase student engagement in peer prevention and health promotion.
Continue to coordinate with administrators implementing policies in compliance with the Violence Against Women Act (VAWA), including the Campus Sexual Violence Elimination Act (Campus SaVE), as relates to alcohol and other drug issues.
The next review will be due in December of 2022 and will review the 2020-2021 & 2021-2022 academic years.
Develop protocol to distribute information required to maintain compliance with the Department of Education’s Drug-Free Schools and Communities Act (DFSCA), as articulated in the Education Department General Administrative Regulations (EDGAR Part 86.100). The information provided below in the Education Department General Administrative Regulations (EDGAR) Edgar 86: Federal Drug-Free Schools and Campuses Regulations University of Tennessee at Chattanooga should be distributed to all students, faculty, and staff each semester to meet compliance standards.

XI. UTC Annual Notification

Education Department General Administrative Regulations (EDGAR)

Edgar 86: Federal Drug-Free Schools and Campuses Regulations

University of Tennessee at Chattanooga Notification:

As a requirement of these regulations, The University of Tennessee at Chattanooga (UTC) is to disseminate and ensure receipt of the below policy/information to all students, staff, and faculty on an annual basis. This process is formally conducted by the Center for Student Wellbeing, Dean of Students Office, Counseling Center, and Human Resources. Questions concerning this policy and/or alcohol and other drug programs, interventions and policies may be directed to Tricia Henderson at [email protected], or 423-425-4640.

University of Tennessee at Chattanooga Policies

As an academic community, UTC is committed to providing an environment in which learning and scholarship can flourish. The possession or use of illegal drugs, or the abuse of those which may otherwise be legally possessed, seriously affects the University environment, as well as the individual potential of our students and staff. The University enforces state laws and related University policies, including those prohibiting the following activities on campus:

C. Providing alcoholic beverages to individuals under 21 or possession or consumption of alcoholic beverages by individuals under 21.
D. Distribution, possession, or use of illegal drugs or controlled substances.
E. Possession of firearms or other dangerous weapons.

The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or off- campus), is prohibited by the Student Conduct Code. The University can, and will, impose disciplinary sanctions for violations. Students are also subject to city ordinances and state and federal laws. A separate policy addresses violations by University staff.

Help is available both on campus and within the community for students and staff members who are dependent on, or who abuse the use of alcohol or other drugs. UTC Counseling and Personal Development Center 423-425-4438, Magellan Behavioral Health 1-855-437-3486, and other professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities. UTC Counseling and Personal Development Center provides educational and awareness programming, information, and assistance.

UTC Annual Notification Email (faculty, staff, students):

UTC Annual Notification Table of Contents:

• University of Tennessee at Chattanooga Policies
• UTC Student Code of Conduct
• Commonly Imposed Disciplinary Sanctions for On-Campus Policy Violations
• State of Tennessee Laws & Sanctions
• Federal Drug Laws
• Health Risks of Commonly Abused Substances
• Counseling and Treatment Resources
• Prevention and Education

The complete Student Conduct Code is available for review at: http://www.utc.edu/dean- students/student-handbook.php .

The complete 2014-2016 Biennial Review is available for review at: http://www.utc.edu/alcohol-drug- education/edgar86.php .

Questions about this email, UTC policies, or alcohol and other drug resources should be directed to Tricia Henderson at 423-425-4940 or [email protected] .

UTC Student Code of Conduct

SECTION 1. PREAMBLE

(1) Students at the University of Tennessee at Chattanooga ("University") are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the Student Code of Conduct ("Code") in order to advance the mission of the University by maintaining a safe and secure learning environment, protecting the rights and privileges of all members of the University community, providing a basis for orderly conduct of the affairs of the University, promoting a positive relationship between the University and its surrounding community, preserving institutional integrity and property, encouraging students to engage in conduct that brings credit to themselves and to the University, and ensuring that each student who matriculates at the University graduates ready to contribute to society as an ethical and law- abiding individual. (2) The University's behavioral standards are set forth in the Code. Students who engage in conduct in violation of the Code are subject to University disciplinary sanctions. The University investigates and resolves alleged violations of the Code through the student conduct process and utilizes the process to promote learning and the development of appropriate decision- making. The student conduct process is consistent, fair, and provides means of resolution that are commensurate with the skills and abilities of the participants in the process. (3) Primary authority and responsibility for the Code is delegated to the Vice Chancellor for Student Affairs, who has delegated certain authority and responsibility for administration and enforcement of the Code to the Office of Student Conduct. (4) The University is committed to respecting students' constitutional rights. Nothing in this Chapter is intended or will be interpreted in a manner that restricts a student's constitutional rights, including, but not limited to, a student's right to freedom of speech and freedom of assembly. (5) Students are responsible for being knowledgeable about and complying with the Code, applicable academic catalogues (undergraduate or graduate), and all other University rules, policies, and procedures..

IV. Student’s Rights and Responsibilities

A. Introduction

(1) Students at the University of Tennessee are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the following rules in order to advance the mission of the University by maintaining a safe and secure learning environment, protecting the rights and privileges of all members of the University community, providing a basis for orderly conduct of the affairs of the University, promoting a positive relationship between the University and its surrounding community, preserving institutional integrity and property, encouraging students to engage in conduct that brings credit to themselves and the University, and ensuring that each student who matriculates at the University graduates ready to contribute to society as an ethical and law-abiding citizen.

SECTION 3. JURISDICTION AND APPLICATION (1) Jurisdiction. The Code applies to the conduct of a student that occurs on University controlled property. With respect to conduct that does not occur on University-owned property, the University has the discretion to discipline a student for conduct in violation of the Code if the student's conduct adversely affects the interests of the University, including, without limitation, when the conduct: (a) Occurs during or in connection with a University-affiliated activity, including, without limitation, an overseas study program, clinical or field placement, internship, or in- service experience; (b) Consists of academic dishonesty or research misconduct; (c) Is prohibited by local, state, or federal law; (d) Involves another member of the University community; or (e) Threatens, or indicates that the student may pose a threat to, the health or safety of the student or other person, or the security of any person's property, including, UTC Student Code of Conduct 7 (Updated August 14, 2020) without limitation, alcohol-related misconduct, drug- related misconduct, arson, battery, fraud, theft, hazing, participation in group violence, Sexual Harassment, and sexual exploitation. (2) Time Period of Application to Students. The Code applies to a student's conduct from the time the student applies for admission to the University through the entire time that the student is a candidate for and/or is awarded a degree from the University (even if a student's conduct which violates the Code is not discovered by the University until after the University awards a degree to the student). The Code applies to a student's conduct that occurs during the academic year, between semesters, and during periods between terms of actual enrollment at the University. (3) Conduct Attributable to Student Organizations. Each student organization is responsible for conduct fairly attributable to the student organization. A determination that conduct is fairly attributable to a student organization does not preclude holding student members of the student organization accountable for acts committed in relation to the student organization's conduct. The chief student officer of the student organization (e.g., president or equivalent) or his or her designee will serve as the representative of the student organization during any proceedings against the student organization under the Code. In determining whether misconduct in violation of the Code is fairly attributable to a student organization, the University will consider the following factors: (a) Whether one (1) or more officers of the student organization had prior knowledge that the misconduct was reasonably likely to occur and failed to take reasonable preventative or corrective action, failed to attempt to stop known misconduct while it was occurring, and/or helped to plan, promote, or carry out the misconduct. (b) Whether the misconduct occurred in connection with an activity: (i) financed by the student organization and/or one (1) or more members or alumni of the student organization who contributed personal funds in lieu of organizational funds; (ii) related to initiation into, admission into, affiliation with, or as a condition for continued membership in the student organization; and/or (iii) advertised, promoted, or publicized in such a way that a reasonable person viewing or hearing the advertisement, promotion, or publication would believe that the activity was affiliated with the student organization. (c) Whether the misconduct occurred on property owned, controlled, rented, leased, and/or used by the student organization and/or any of its members or alumni acting on the student organization's behalf. (d) Whether a member of the student organization attempted to conceal the activity connected with the misconduct or concealed the misconduct of another member of the student organization. (4) Relation to Criminal and Civil Legal Proceedings. The Code has been adopted in furtherance of the University's interests and serves to supplement, rather than substitute for, the enforcement of criminal and civil law. Accordingly, a Respondent may be charged with violating the Code for conduct that also constitutes a violation of criminal or civil law without regard to whether criminal or civil legal proceedings have been initiated against the Respondent. Disciplinary action for student conduct in violation of the Code may be carried UTC Student Code of Conduct 8 (Updated August 14, 2020) out prior to, simultaneously with, or following criminal or civil proceedings regarding the same conduct. A Respondent charged with violating the Code may not challenge University proceedings in the student conduct process on the grounds that a criminal or civil legal proceeding (or another University proceeding) regarding the same misconduct is pending or has been dismissed, or otherwise that criminal charges or civil claims regarding the same misconduct have been adjudicated, settled and/or reduced. When appropriate, the University may refer student conduct matters involving violations of the law to federal, state, or local authorities for prosecution. (5) Misconduct Not Excused by Intoxication or Impairment. The intoxication or impairment of a student by alcohol, drugs, or other substances will not diminish or excuse any conduct in violation of the Code that the student commits while intoxicated or impaired, except as provided under Section 16 of this Chapter. (6) Concurrent Honor Code and Non-Honor Code Violations of the Code. Notwithstanding anything in this Chapter to the contrary, allegations of violations of Section 4(1) of this Chapter will be resolved in accordance with the Honor Code procedures under Chapter 1720- 02-01. In cases involving allegations of both Honor Code violations and non-Honor Code violations of the Code, the alleged Honor Code violations will be resolved in accordance with the Honor Code procedures under Chapter 1720-02-01 separately from resolution of the alleged non-Honor Code violations, which will be resolved pursuant to the Code procedures under this Chapter. In such cases, disciplinary sanctions may be issued against the Respondent for any Honor Code violations separate from and additional to disciplinary sanctions issued for any non-Honor Code violations of the Code. (7) Violations of Professional Standards or Ethics. Graduate or professional programs within the University may take separate and independent action against students for alleged violations of professional and/or ethical standards using procedures other than those contained in the Code. (8) Effect on Coursework. Coursework performed by a Respondent during the student conduct process will be considered conditional. Credit for such coursework may be affected, delayed, denied, and/or revoked based on a finding of a Code violation and/or disciplinary sanctions imposed against the Respondent under the Code. In addition, subject to the other provisions of the Code, a delay in the granting of a degree or diploma may be imposed, or a degree that is awarded prior to a decision under the Code may be revoked. (9) Withdrawal During the Student Conduct Process. If a Respondent voluntarily withdraws from the University before the conclusion of the student conduct process, the Office of Student Conduct retains the right to investigate and resolve the allegations against the Respondent as a condition of the Respondent being allowed to re-enroll in the University. A Disciplinary Hold on the Respondent's record, as provided under Section 14(2) of this Chapter, may be implemented or remain in place after the Respondent withdraws in order to enforce this Section 3(9). (10) Time Extensions and Rescheduling. Any time period specified under the Code may be extended for good cause at the discretion of the Office of Student Conduct. Any hearing or meeting described in the Code may be rescheduled for good cause at the discretion of the Office of Student Conduct.

SECTION 4. STANDARDS OF CONDUCT

(19) Alcohol-Related Misconduct: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, on University-controlled property or in connection with a University-affiliated activity, unless expressly permitted by University rules or policy.

(21) Providing Alcohol to Minors: Providing alcohol to a person younger than twenty-one (21) years of age, unless permitted by law.

SECTION 11. DISCIPLINARY SANCTIONS

Commonly Imposed Disciplinary Sanctions for On-Campus Policy Violations:

Policy Violation	Other Typical Sanctions - 1st Offense	Typical Sanctions – 2nd Offense
Underage Possession of Alcohol	Alcohol Education Program, Motivational Interviewing Sessions, Assessment, Community Service	Parental Notification if under 21, Possible Disciplinary Probation.
Open Alcohol In A Public Area	Alcohol Education Program, Motivational Interviewing Sessions	Parental Notification if under 21, Possible Disciplinary Probation.
Possession of Kegs	Alcohol Education Program, Motivational Interviewing Sessions	Parental Notification if under 21, Monetary Sanction, Possible Disciplinary Probation.
Single Incident of Possession of Marijuana For Personal Use	Disciplinary Probation, Motivational Interviewing Sessions & Random Drug Testing	Suspension or Expulsion
Possession of More Than One Ounce of Marijuana	Motivational Interviewing Sessions, Suspension or Expulsion	Suspension or Expulsion
Possession of Any Amount of "Hard" Drugs (Cocaine, PCP, etc.)	Suspension or Expulsion	Suspension or Expulsion
Conveying Marijuana or A Controlled Substance To Another Person	Suspension or Expulsion	Suspension or Expulsion
Possession of Firearms or Other Dangerous Weapons	Suspension or Expulsion	Suspension or Expulsion

As members of the University community, students are also subject to city ordinances and to state and federal law. Arrest and prosecution for alleged violations of criminal law or city ordinances may result from the same incident for which the University imposes disciplinary sanctions.

State of Tennessee Laws & Sanctions

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by employees on University premises, or while conducting University business off University premises, is absolutely prohibited.

Violations of this prohibition by employees or students may result in the application of sanctions, including possible required participation in an approved drug abuse assistance or rehabilitation program, and disciplinary action up to and including termination under applicable regulations, University policies, statues, employment contracts, or collective bargaining agreements.

Gradations of Criminal Offenses

Like all jurisdictions (federal and state), Tennessee distinguishes among offenses based on their seriousness. These offenses range from minor misdemeanors to capital crimes. The table below shows the gradations of criminal offenses under Tennessee law. See T.C.A. § 40-35-111, “Authorized terms of imprisonment and fines for felonies and misdemeanors.”

Capital Crime Death; life imprisonment

Level of Offence	Punishment(s)
Class A felony	Not less than fifteen (15) nor more than sixty (60) years in prison. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute
Class B felony	Not less than eight (8) nor more than thirty (30) years in prison. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute
Class C felony	Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute
Class D felony	Not less than two (2) years nor more than twelve (12) years in prison. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute
Class E felony	Not less than one (1) year nor more than six (6) years in prison. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute
Class A misdemeanor	not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute
Class B misdemeanor	not greater than six (6) months in jail or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute
Class C misdemeanor	not greater than thirty (30) days in jail or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute

Tennessee Sanctions Under 21 Alcohol Offenses

(http://www.hollinslegal.com/criminal-defense/dui-defense/under-21-alcohol-related-criminal-offenses/)

OFFENSE	PENALTY
Tenn. Code Ann. § 1-3-113 Unlawful for person under 21 to purchase, possess, transport or consume alcoholic beverages unrelated to employment.	The class of offense is not specified but is a misdemeanor per 39-11- 111. Pursuant to TCA 39-11-114, it is a Class A misdemeanor. Therefore, 11 mos. 29 days and fine of up to $2500 applies. Statute makes no mention of impact to driving privileges. However for individuals under 18, T.C.A. 55-10-701 would require the denial of driving privileges.
Tenn. Code Ann. § 37-1-156 Contributing to the delinquency of a minor	Class A misdemeanor.
Tenn. Code Ann. 39-15-404 Relates to the furnishing of alcohol to a minor by an adult.	Class A misdemeanor and punishable as such and additionally the offender shall be sentenced to 100 hours of community service work. The court in its discretion may send an order to the Dept. of Safety denying the offender’s driving privileges. If the offender does not have driving privileges then the court may impose 200 hours of community service.
Tenn Code. Ann § 55-10-415 Driving while impaired 18 to 21 for driving under the influence of any intoxicant or with a BAC over .02	>18 years and <21 years old: Class A Misdemeanor that is punishable only by suspension of driving privileges for 1 year and by a fine of $250. Court may impose community service. No provision for restricted license. Not eligible for judicial diversion since no incarceration and thus no probation is permitted, but would be eligible for pre-trial diversion. >16<18: Same as above, but delinquent act not misdemeanor. Note that no jail time is applicable in conflict with general penalty relating to delinquent children, see T.C.A. § 37-1-131.
Tenn. Code Ann. § 57-3-412 (a)(3)(A) Prohibits the possession, consumption, or transporting of alcoholic beverages unrelated to employment by anyone under 21.	Class A misdemeanor. Regardless of disposition, the record can be expunged 6 months after the date of the violation and such offense cannot be used against them in any criminal proceeding. Under section (a)(5)(C), an order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn. Code Ann. § 57-3-412 (a)(4) Prohibits the purchase of alcohol for or at the request of anyone that is under 21.	Class A misdemeanor.1st offense: fine of not less than $25 nor more than $500, 2nd and subsequent offenses: minimum $50 fine with max of $1,000. In addition to the fines stated above, all offenders are additionally subject to all penalties imposed by T.C.A. 39-15-404. (see above, 100 hours community service work, potential loss of license).
Tenn. Code Ann. § 57-3-412 (a)(5)(A) Prohibits the purchase or attempted purchase of alcoholic beverages by anyone under 21.	Class A misdemeanor. “In addition to any criminal penalty imposed by this section (see above),” an order denying the offender of driving privileges is required, and the court and dept of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn. Code Ann. § 57-3-412 (c) Penalty for someone under 21 using a fake id.	Class A misdemeanor. (1) Less than 18: fine of $50 and not less than 20 hours community service. (2) >18<21: Fine of not less than $50 but no more than $200 OR by imprisonment in jail for a minimum of 5 days and a max of 30 days. In addition to above, an order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn. Code Ann. § 57-4-203 (b)(2) (A) Prohibits the purchase, attempted purchase, or possession of alcohol by a person under 21 in a public place. (B) Exhibiting a fake id saying you are 21.	Exact same penalty as stated in 57-3-412 (c). see above.
Tenn. Code Ann. § 57-5- 301(d)(1)(A) Unlawful for minor to purchase or attempt to purchase any “such beverage.” (presumed beer).	Such Statutes under Title 57, Part 5 appear to relate particularly to beer. Punishment is under 57-5-303, which defines it as a Class C misdemeanor. An order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn Code. Ann. § 57-5- 301(d)(1)(A)(2) Prohibits purchasing beer for someone under 21.	Class A misdemeanor that shall also be punished pursuant to 39-15- 404.
Tenn Code. Ann. § 57-5- 301(d)(1)(A)(3) Making a fake Id to show you are 21 or presenting such.	Statute provides exact same punishment as in 57-3-412(c).
Tenn. Code Ann. § 57-5- 301(e) unlawful for someone under 21 to have beer in their possession.	Class A misdemeanor. Regardless of disposition, the record can be expunged 6 months after the date of the violation and such offense cannot be used against them in any criminal proceeding. Under section (d)(1)(B)(i), an order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A.55-10-701 et seq. that apply to persons 13 to 18.

Tennessee Sanctions Driving Under the Influence T.C.A § 55-10-401 (http://www.tn.gov/safety/duioutline.shtml)

Implied Consent - Refusal to Submit to Blood Alcohol (BAC) [55-10-406]

Revocation of Driver’s License for 1 year - 1st offense
Revocation of Driver’s License for 2 years - 2nd offense
Revocation of Driver’s License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
Revocation of Driver’s License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law)
48 hours up to 11 months, 29 days for offenders in violation of 55-10-401

1st Time DUI Offender - .08 (BAC) [55-10-401] [55-10-403]

.20 BAC or greater minimum jail time 7 consecutive days
License revocation for 1 year
You will be ordered to participate in an alcohol and drug treatment program
Pay restitution to any person suffering physical injury or personal loss
$350-$1,500 fine
With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900
Judge can order you to install an Ignition Interlock Device at your expense. Minimum first year costs could exceed $1,000.00
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
Drug and Alcohol Treatment may be required at the judge's discretion

2nd Time DUI Offender

45 days to 11 months, 29 days in jail
$600-$3,500 mandatory fine
License revocation for 2 years/Restricted License available after first year
Subject to vehicle seizure/forfeiture
You will be ordered to attend an alcohol and drug treatment program
The judge can order you to install an Ignition Interlock Device at your expense
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
Pay restitution to any person suffering personal injury or loss

3rd Time DUI Offender

120 days to 11 months, 29 days in jail
$1,100 to $10,000 mandatory fines
License revocation for 6-10 years/NO restricted license available
Subject to vehicle seizure/forfeiture
Alcohol and drug treatment program
Judge could order an Ignition Interlock Device installed at your expense
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

4th and Subsequent DUI Offender

Class E Felony
1 Year (365) days of jail time with a minimum of 150 consecutive days served
$3,000 to $15,000 mandatory fine
License revocation for 8 years/NO restricted license available
Subject to vehicle seizure/forfeiture
Alcohol and drug treatment program
Judge could order an Ignition Interlock Device installed at your expense
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

Vehicular Assault - Serious injury to another person by a DUI driver

Class D Felony [39-13-106]
License revocation from 1 to 5 years according to number of prior offenses
Jail time 2 to 12 years according to range [40-35-112]
Plus fines and court costs
No restricted driver license is available

Child Endangerment - DUI with passenger under 18 years old

Class D felony if child suffers serious injury [55-10-403] [40-35-112]
2 to 12 years jail time
Class B Felony if child death involved
8 to 30 years jail time
License revocation

Note: Sentence length depends on a number of factors, including the person’s criminal history

Vehicular Homicide

Class B Felony [39-13-213] [40-35-112]
Fatal crash caused by DUI with .08 BAC or more
License revocation for 3-10 years/NO restricted license available
No restricted driver license is available

Aggravated Vehicular Assault While Driving Intoxicated

Class A Felony [39-13-218] [40-35-112]
If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination
One prior Vehicular Homicide
A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense

Fees to reinstate a driver license after alcohol-related offenses

Implied Consent Refusal to Submit to Blood Alcohol T.C.A. 55-10-406

$100 reinstatement fee
$50 fee if filing of financial responsibility (SR-22) is required
$75 fee for failure to surrender driver license may be required
Required to apply for valid license & pay appropriate driver license fee

Drug Free Youth Act Offenses (Ages 13 – 17) (T.C.A. 55-10-701) & Underage Possession of Alcohol (Age 18 -21)

(T.C.A. 57-5-301)

$20 reinstatement fee
$75 fee for failure to surrender driver license may be required
Required to apply for valid license & pay appropriate driver license fee

All other DUI Type Offenses

$100 reinstatement fee
$3 certification fee if violation occurred in Tennessee
$50 fee if filing of financial responsibility (SR-22) is required
$75 fee for failure to surrender driver license may be required
Required to apply for valid license & pay appropriate driver license fee

Penalties for drug and alcohol-related offenses committed by minors

Drug Free Youth Act Offenses (Ages 13 – 17) T.C.A. 55-10-701

• License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days

License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted

Underage Possession of Alcohol (Age 18 -21) T.C.A. 57-5-301

• License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days

License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted

Driving While Impaired (Age 16 – 20) T.C.A 55-10-415

License revocation for 1 year/No provision for restricted license
$250 fine
Court may impose public service work

Tennessee Statutory Sanctions for Illegal Drugs Manufacture or Delivery

It is a crime in Tennessee for a person to knowingly manufacture a controlled substance; deliver a controlled substance; sell a controlled substance; or possess a controlled substance with intent to manufacture, deliver or sell such controlled substance. T.C.A. § 39-17-417. Controlled substances are classified according to their potential for abuse, utility in medical treatment, and potential for dependency. The Tennessee Drug Control Act of 1989, T.C.A. § 39-17-401 et seq., establishes the following schedule of controlled substances:

Schedule I	High potential for abuse; no accepted medical use in treatment or lacks accepted safety for use in treatment under medical supervision.	This includes certain opiates (e.g., heroin); hallucinogens (e.g., LSD) depressants (e.g., methaqualone) and stimulants (e.g., MDMA).
Schedule II	High potential for abuse; has currently accepted medical use in treatment, or currently accepted medical use with severe restrictions; abuse of the substance may lead to severe psychic or physical dependence	Examples: cocaine, morphine, amphetamines, amobarbital.
Schedule III	Potential for abuse less than the substances listed in Schedules I and II; has currently accepted medical use in treatment; and may lead to moderate or low physical dependence or high psychological dependence.	Examples: Anabolic steroids.
Schedule IV	Low potential for abuse relative to substances in Schedule III; has currently accepted medical use in treatment; and may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.	Examples: Phenobarbital and Fenfluramine
Schedule V	Low potential for abuse relative to the controlled substances listed in Schedule IV; has currently accepted medical use in treatment in the United States; and has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.	Example: A medicine containing not more than two hundred (200) milligrams of codeine per one hundred (100) grams.
Schedule VI	Tetrahydrocannabinols	Marijuana; hashish; synthetic equivalents
Schedule VII	Butyl nitrite and any isomer thereof

The following table sets forth the basic levels of offenses involving manufacture, sale, distribution, or possession with intent distribute, the various levels of scheduled controlled substances. However, one must understand that the law provides additional penalties for violations involving large amounts of numerous substances, including heroin, cocaine, LSD, morphine, peyote, barbiturates and amphetamines.

Level of Controlled Substance	Level of Offense
Schedule I	Class B felony
Cocaine (.5 grams or more)	Class B felony and an additional fine of no more than one hundred thousand dollars ($100,000)
Schedule II, including cocaine (less than .5 grams)	Class C felony
Schedule III	Class D felony
Schedule IV	Class D felony
Schedule V	Class E felony
Schedule VI	Depends on amount; see table below
Schedule VII	Class E felony

The following table sets forth the levels of offenses involving manufacture, sale, distribution, or possession with intent distribute, of marijuana and hashish (resin containing the active ingredient THC), based on quantities seized:

Marijuana	Hashish	Level of Offense (and additional fine)
Less than 1/2 ounce	--	Class A misdemeanor
1/2 ounce to 10 lbs.	up to 2 lbs.	Class E felony + $5,000 fine
10 to 70 lbs.; 10 to 19 plants regardless of weight	2 to 4 lbs.	Class D felony + $50,000 fine
20 to 99 plants regardless of weight	4 to 8 lbs.	Class C felony + $100,000 fine
70 to 300 lbs.; 100 to 499 plants regardless of weight	8 to 15 lbs.	Class B felony + $200,000 fine
More than 300 lbs.; 500 or more plants regardless of weight	15 lbs. or more	Class A felony + $500,000 fine

Federal Drug Laws

The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.

Denial of Federal Aid (20 USC 1091)

Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs will have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work study programs, and more. Students convicted of drug possession will be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.

Forfeiture of Personal Property and Real Estate (21 USC 853)

Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.

Federal Drug Trafficking Penalties (21 USC 841)

Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.

If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.

Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.

Drug/Substance	Amount	Penalty - 1st Conviction
Barbiturates	Any amount	Up to 5 years prison. Fine up to $250,000
Cocaine	5 kgs. or more	Not less than 10 years prison, not more than life. Fine up to $4 million
Cocaine	Less than 100 grams	10-63 months prison. Fine up to $1 million
Crack Cocaine	50 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million
	5-49 grams	Not less than 5 years prison, not more than 40 years. Fine up to $2 million
	5 grams or less	10-63 months prison. Fine up to $1 million
Ecstasy	Any amount	Up to 20 years imprisonment. Fine up to $1 million. 3 years of supervised releases (following prison)
GHB	Any amount	Up to 20 years imprisonment. Fine up to $1 million. 3 years of supervised releases (following prison)
Hashish	10-100 kg	Up to 20 years imprisonment. Fine up to $1 million.
Hashish	10 kg or less	Up to 5 years imprisonment. Fine up to $250,000
Hash Oil	1-100 kg	Up to 20 years imprisonment. Fine up to $1 million.
Hash Oil	1 kg or less	Up to 5 years imprisonment. Fine up to $250,000
Heroin	1 kg or more	Not less than 10 years prison, not more than life. Fine up to $4 million
	100-999 grams	Not less than 5 years prison, not more than 40 years. Fine up to $2 million
	100 grams or less	10-63 months prison. Fine up to $1 million
Ketamine	Any amount	Up to 5 years imprisonment. Fine up to $250,000. 2 years supervised release
LSD	10 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million
LSD	1-10 grams	Not less than 5 years prison, not more than 40 years. Fine up to $2 million
Marijuana	1000 kg or more	Not less than 10 years prison, not more than life. Fine up to $4 million
	100-999 kg	Not less than 5 years prison, not more than 40 years. Fine up to $2 million
	50-99 kg	Up to 20 years imprisonment. Fine up to $1 million
	50 kg or less	Up to 5 years imprisonment. Fine up to $250,000
Methamphetamine	50 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million
	10-49 grams	Not less than 5 years prison, not more than 40 years. Fine up to $2 million
	10 grams or less	10-21 months prison. Fine up to $1 million
PCP	100 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million
	10-99 grams	Not less than 5 years prison, not more than 40 years. Fine up to $2 million
	10 grams or less	10-21 months prison. Fine up to $1 million
Rohypnol	1 gram or more	Up to 20 years imprisonment. Fine up to $1 million
Rohypnol	less than 30 mgs	Up to 5 years imprisonment. Fine up to $250,000

Federal Drug Possession Penalties (21 USC 844)

Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by a minimum fine of $750.

Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than 5 years but not more than 20 years and a fine up to $250,000, or both if:

It is a first conviction and the amount of crack possessed exceeds 5 grams;
It is a second conviction and the amount of crack possessed exceeds 3 grams;
It is a third or subsequent crack conviction and the amount exceeds 1 gram.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

Health Risks of Commonly Abused Substances

The following information on health risks is from What Works: Schools Without Drugs, U. S. Department of Education (2012).

The drugs students are taking today are more potent, more dangerous, and more addictive than ever. Adolescents are particularly vulnerable to the effects of drugs. Drugs threaten normal development in a number of ways:

Drugs can interfere with memory, sensation, and perception. They distort experiences and cause a loss of self-control that can lead users to harm themselves and others.
Drugs interfere with the brain's ability to take in, sort, and synthesize information. As a result, sensory information runs together, providing new sensations while blocking normal ability to understand the information received.
Drugs can have an insidious effect on perception; for example, cocaine and amphetamines often give users a false sense of functioning at their best while on the drug.

Drug suppliers have responded to the increasing demand for drugs by developing new strains, producing reprocessed, purified drugs, and using underground laboratories to create more powerful forms of illegal drugs. Consequently, users are exposed to heightened or unknown levels of risk.

The marijuana produced today is from five to 20 times stronger than that available as recently as 10 years ago. Regular use by adolescents has been associated with an "a motivational syndrome," characterized by apathy and loss of goals. Research has shown that severe psychological damage, including paranoia and psychosis, can occur when marijuana contains 2 percent THC, its major psychoactive ingredient. Since the early 1980s, most marijuana has contained from 4 to 6 percent THC—two to three times the amount capable of causing serious damage.
Crack is a purified and highly addictive form of cocaine.
Phencyclidine (PCP), first developed as an animal tranquilizer, has unpredictable and often violent effects. Often children do not even know that they are using this drug when PCP-laced parsley in cigarette form is passed off as marijuana, or when PCP in crystal form is sold as lysergic acid (LSD).
Some of the new "designer" drugs, slight chemical variations of existing illegal drugs, have been known to cause permanent brain damage with a single dose.

Drug Use and Learning

Drugs erode the self-discipline and motivation necessary for learning. Pervasive drug use among students creates a climate in the schools that is destructive to learning. Research shows that drug use can cause a decline in academic performance. This has been found to be true for students who excelled in school prior to drug use as well as for those with academic or behavioral problems prior to use. According to one study, students using marijuana were twice as likely to average D's and F's as other students. The decline in grades often reverses when drug use is stopped.

Drug use is associated with crime and misconduct that disrupt the maintenance of an orderly and safe school conducive to learning. Drugs not only transform schools into marketplaces for dope deals, they also lead to the destruction of property and to classroom disorder. Heavy drug users are two-and-one-half times as likely to vandalize school property and almost three times as likely to be involved in a fight at school as nonusers. Students on drugs create a climate of apathy, disruption, and disrespect for others. A drug-ridden environment is a strong deterrent to learning not only for drug users, but for other students as well.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

Substance	Nicknames/Slang Terms	Short Term Effects	Long Term Effects
Alcohol		slurred speech, drowsiness, headaches, impaired judgment, decreased perception and coordination, distorted vision and hearing, vomiting, breathing difficulties, unconsciousness, coma, blackouts	toxic psychosis, physical dependence, neurological and liver damage, fetal alcohol syndrome, vitamin B1 deficiency, sexual problems, cancer, physical dependence
Amphetamines	uppers, speed, meth, crack, crystal, ice, pep pills	increased heart rate, increased blood pressure, dry mouth, loss of appetite, restlessness, irritability, anxiety	delusions, hallucinations, heart problems, hypertension, irritability, insomnia, toxic psychosis, physical dependence
Barbiturates and Tranquilizers	barbs, bluebirds, blues, yellow jackets, red devils, roofies, rohypnol, ruffies, tranqs, mickey, flying v's	slurred speech, muscle relaxation, dizziness, decreased motor control	severe withdrawal symptoms, possible convulsions, toxic psychosis, depression, physical dependence
Cocaine	coke, cracks, snow, powder, blow, rock	loss of appetite, increased blood pressure and heart rate, contracted blood vessels, nausea, hyper-stimulation anxiety, paranoia, increased hostility, increased rate of breathing, muscle spasms and convulsions, dilated pupils, disturbed sleep	depression, weight loss, high blood pressure, seizure, heart attack, stroke, hypertension, hallucinations, psychosis, chronic cough, nasal passage injury, kidney, liver and lung damage
Gamma Hydroxy Butyrate	GHB, liquid B, liquid X, liquid ecstasy, G, georgia homeboy, grievous bodily harm	euphoria, decreased inhibitions, drowsiness, sleep, decreased body temperature, decreased heart rate, decreased blood pressure	memory loss, depression, severe withdrawal symptoms, physical dependence, psychological dependence
Heroin	H, junk, smack, horse, skag	euphoria, flushing of the skin, dry mouth, “heavy” arms and legs, slowed breathing, muscular weakness	constipation, loss of appetite, lethargy, weakening of the immune system, respiratory (breathing) illnesses, muscular weakness, partial paralysis, coma, physical dependence, psychological dependence
Ketamine	K, super K, special K	dream-like states, hallucinations, impaired attention and memory, delirium, impaired motor function, high blood pressure, depression	Urinary tract and bladder problems, abdominal pain, major convulsions, muscle rigidity , increased confusion, increased depression, physical dependence, psychological dependence
LSD	acid, stamps, dots, blotter, A- bombs	dilated pupils, change in body temperature, blood pressure and heart rate, sweating, chills, loss of appetite, decreased sleep, tremors, changes in visual acuity, mood changes	may intensify existing psychosis, panic reactions, can interfere with psychological adjustment and social functioning, insomnia, physical dependence, psychological dependence
MDMA	ecstasy, XTC, adam, X, rolls, pills	impaired judgment, confusion, confusion, blurred vision, teeth clenching, depression, anxiety, paranoia, sleep problems, muscle tension	ame as LSD, sleeplessness, nausea, confusion, increased blood pressure, sweating , depression, anxiety, memory loss, kidney failure, cardiovascular problems, convulsions, death, physical dependence, psychological dependence
Marijuana/Cannabis	pot, grass, dope, weed, joint, bud, reefer, doobie, roach	sensory distortion, poor coordination of movement, slowed reaction time, panic, anxiety	bronchitis, conjunctivas, lethargy, shortened attention span, suppressed immune system, personality changes, cancer, psychological dependence, physical dependence possible for some
Mescaline	peyote cactus	nausea, vomiting, anxiety, delirium, hallucinations, increased heart rate, blood pressure, and body temperature	lasting physical and mental trauma, intensified existing psychosis, psychological dependence
Morphine/Opiates	M, morf, duramorph, Miss Emma, monkey, roxanol, white stuff	euphoria, increased body temperature, dry mouth, “heavy” feeling in arms and legs	constipation, loss of appetite, collapsed veins, heart infections, liver disease, depressed respiration, pneumonia and other pulmonary complications, physical dependence, psychological dependence
PCP	crystal, tea, angel dust, embalming fluid, killer weed, rocket fuel, supergrass, wack, ozone	shallow breathing, flushing, profuse sweating, numbness in arms and legs, decreased muscular coordination, nausea, vomiting, blurred vision, delusions, paranoia, disordered thinking	memory loss, difficulties with speech and thinking, depression, weight loss, psychotic behavior, violent acts, psychosis, physical dependence, psychological dependence
Psilocybin	mushrooms, magic mushrooms, shrooms, caps, psilocybin & psilocyn	nausea, distorted perceptions, nervousness, paranoia	confusion, memory loss, shortened attention span, flashbacks may intensify existing psychosis
Steroids	roids, juice	increased lean muscle mass, increased strength, acne, oily skin, excess hair growth, high blood pressure	Cholesterol imbalance, anger management problems, masculinization or women, breast enlargement in men, premature fusion of long bones preventing attainment of normal height, atrophy of reproductive organs, impotence, reduced fertility, stroke, hypertension, congestive heart failure, liver damage, psychological dependence

Counseling and Treatment

Short term alcohol and other drug counseling and treatment is available on campus to students through the Counseling and Personal Development Center. Students may be referred through the Counseling Center to other treatment programs for more intensive treatment. Through the UTC Human Resources department, Magellan Behavioral Health offers employees additional education and counseling, as well as appropriate referrals.

UTC ON-CAMPUS RESOURCES

Department	Phone	Website
Counseling Center	423-425-4438	http://www.utc.edu/counseling
Center for Student Wellbeing	423-425-4301	http://www.utc.edu/centerforstudentwellbeing
University Health Services	423-425-2266	http://www.utc.edu/student-health-services/
Dean of Students Office	423-425-4761	http://www.utc.edu/dean-students/
Department of Public Safety	423-425-4357	http://www.utc.edu/public-safety/
Office of Human Resources	423-425-4221	http://www.utc.edu/human-resources/
Employee Assistance Program	855-437-3486	https://www.here4tn.com/

CHATTANOOGA COMMUNITY RESOURCES

Name	Phone	Website
Emergency Services	911
Hamilton County Coalition	423-305-1449	http://www.hccoalition.org/
Hamilton County Sheriff’s Office	423-209-7000	http://www.hcsheriff.gov/
Chattanooga Police Department	423-643-5000	http://www.chattanooga.gov/police- department

CHATTANOOGA ALCOHOL, DRUG & MENTAL HEALTH TREATMENT RESOURCES

Name	Phone	Website
Bradford Health Services	866-246-3216	https://bradfordhealth.com/
CADAS	423-756-7644	http://www.cadas.org/
Focus Treatment Center	423-308-2560	http://focustreatmentcenters.com/
Volunteer Behavioral Health Center	423-634-8884	https://www.vbhcs.org/
Parkridge/Valley	423-894-4220	http://parkridgevalley.com/
Erlanger Behavioral Health	423-778-2965	https://www.erlanger.org/erlanger-medical-group/behavioral-health/behavioral-health
Addiction Campuses	615-800-6116	https://www.addictioncampuses.com/

Prevention and Education

Through the Center for Student Wellbeing Director and other departments and offices, a variety of prevention, education, group, individual and community programs and interventions aimed at reducing harm and negative consequences related to alcohol and drug use. Interventions include but are not limited to social norms messaging, alcohol-free alternative events, bystander intervention training, assessments, and programming. As mandated by the Drug-Free Schools and Campuses Act, this policy is distributed to all students, staff and faculty on an annual basis, and during every even year, a biennial review of the comprehensive alcohol and other drug program is conducted. For more information concerning current programs, interventions and policies, contact Tricia Henderson at [email protected] or 423-425-4640.

In accordance with Americans with Disabilities Act of 1990, no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the University. Further, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the University or be subjected to discrimination by the University.

UTC RAVE Alert

Biennial Review

Drug-Free Schools and Colleges [EDGAR Part 86]

University of Tennessee at Chattanooga: Biennial Review 2018-2020

Academic Years:

Table of Contents

I. Introduction/Overview

II. Biennial Review Process

III. University Alcohol and Other Drug Policies

Code of Conduct January 2020-August 2020:

Section 4 Standard of Conduct

SECTION 16. AMNESTY FOR GOOD SAMARITANS AND IMPAIRED STUDENTS

Code of Conduct August 2020 to current:

Section 4 Standard of Conduct

SECTION 11. DISCIPLINARY SANCTIONS

SECTION 17. AMNESTY FOR GOOD SAMARITANS AND IMPAIRED STUDENTS

IV. Alcohol and Other Drug Prevalence Rate, Incidence Rate, and Trend Data

2018 CORE Survey Results

V. Annual Policy and Policy Notification Process: Employees

Policy on a Drug-Free Campus and Workplace

VI. Annual Policy and Policy Notification Process: Students

Alcohol- and Drug-Free Campus Policy, Resources, and Information Notification

UTC Annual Notification Table of Contents:

VI. Alcohol and Other Drug Policy, Sanctions and Related Data

VII. Alcohol and Other Drug Prevention and Education Programming, Interventions, and Data

IX. Progress on Prior Recommendations

X. Recommendations for Next Biennium

XI. UTC Annual Notification

UTC Student Code of Conduct

IV. Student’s Rights and Responsibilities

State of Tennessee Laws & Sanctions

Federal Drug Laws

Health Risks of Commonly Abused Substances

Counseling and Treatment

Prevention and Education

Center for Student Wellbeing

Center for Wellbeing