Policies
Drug Free

Drug and Alcohol Prevention Program Purpose and Goal

Gurnick Academy of Medical Arts is committed to protecting the safety, health and well-being of all employees and students. We recognize that drug use and alcohol abuse pose significant threats to our goals. We have established a drug free workplace program that balances our respect for individuals with the need to maintain a drug and alcohol free environment.

The Academy encourages employees and students to voluntarily seek help with drug and alcohol problems. The Owner of the Academy is required to certify to the U.S. Department of Education that a Drug and Alcohol Prevention Program and Drug Free Policy are in place and maintained.

This policy includes and is not limited to all students, employees and anyone conducting business on behalf of Gurnick Academy of Medical Arts.

Applicability

This policy is intended to apply whenever anyone is representing or conducting business with or for our academy. Therefore, this policy applies during all work and school hours, whenever conducting business with or representing the academy, while on call or paid standby, or while on academy property or at academy-sponsored events/sites.

Prohibited Behavior

It is a violation of this policy to use, possess, sell, trade, offer for sale alcohol, illegal drugs or intoxicants while on campus or at an academy sponsored site/activity. It is a violation to be intoxicated while on campus or while conducting academy business.

Notification of Convictions

Any employee or student who is convicted of a criminal drug or alcohol violation must notify the academy in writing within five (5) calendar days of the conviction. The academy will take appropriate action within thirty (30) days of notification.

Consequences

One of the goals of our drug and alcohol free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If an employee or student violates the policy, sanctions may include any of the following:

1. 1. Mandated treatment for the problem.
   2. Mandated treatment at a local treatment center.
   3. Mandated completion of a drug rehabilitation program.

   4. Mandated probation period not to exceed one month.

   5. Termination from the school or discharge from employment.

The academy will terminate a student or employee after receiving notification that the individual is convicted of a drug crime and require that the employee or student participate in a drug abuse assistance or rehabilitation program approved by a Federal, State or local health enforcement agency or other appropriate agency.

Eligibility for Title IV programs may be suspended or terminated as part of a conviction.

Assistance

Gurnick Academy of Medical Arts recognizes that drug and alcohol abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug-free workplace policy:

1. Encourages employees and students to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help.
2. Ensures the availability of a current list of qualified community professionals.

The ultimate financial responsibility for recommended treatment belongs to the employee and student.

Resources

The Center for Substance Abuse Treatment and Referral Hotline: 1.800.843.4971
The National Clearinghouse for Alcohol and Drug Information: 1.800.729.6686
Substance Abuse Treatment Facility Locator by City: http://dasis3.samhsa.go/PrxInput.aspx?STATE=California

San Mateo, CA

Confidentiality

All information received by Gurnick Academy through the drug-free workplace program is confidential. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.

Shared Responsibility

A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Students and employees including management have important roles to play. All employees and students are required not to report to work or academy while their ability to perform duties is impaired due to on- or off-duty use of alcohol or other drugs. In addition, employees and students are to report dangerous behavior to their appropriate designated official and inform their supervisor or program coordinator of any over-the-counter or prescription medications that may affect their performance/behavior. It is the supervisor's and instructor’s responsibility to:

1. Observe employee and student performance.
2. Investigate reports of dangerous practices.
3. Document negative changes and problems in performance.
4. Counsel employees and students as to expected performance improvement. 5. Clearly state consequences of policy violations.

Reasonable Suspicion Testing

Testing may be required where there is reasonable suspicion based on objective symptoms, such as factors related to appearance, behavior, or speech, if the employee or student is found to be in possession of physical evidence (i.e., drug and/or alcohol paraphernalia), or at the discretion of management or the academy following an injury or other incident causing suspicion of drug or alcohol use.

Communication

Communicating our Drug Free Policy to employees and students is critical to our success. To ensure that all employees and students are aware of their role in supporting our program:

All employees and students will receive a written copy of the policy and program.
The policy and program will be reviewed in orientation sessions with new employees and students. All employees and students will receive an update of the policy and program annually.

Review

Gurnick Academy of Medical Arts will review the Drug Free Policy/Drug and Alcohol Prevention Program at a minimum of once every two years.

Alcoholic Beverage Programs

The possession, sale or the furnishing of alcohol on the school campus is governed by the School Director/Administrator and California state law. Laws regarding the possession, sale, consumption or furnishing of alcohol is controlled by the California Department of Alcohol and Beverage Control (ABC). However, the enforcement of alcohol laws on-campus is the primary responsibility of the School Director/Administrator.

The campus has been designated “Drug free”. The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced. Violators are subject to disciplinary action, criminal prosecution, fine, and imprisonment. It is unlawful to sell, furnish or provide alcohol to a person under the age of 21.

The possession of alcohol by anyone less than 21 years of age in a public place or a place open to the public is illegal. It is also a violation of the Alcohol Policy for anyone to consume or possess alcohol in any public or private area of campus without prior approval from the School Director/Administrator. Students, employees, or groups violating alcohol/substance policies or laws may be subject to sanctions by the school.

Illegal Drugs

The campus has been designated “Drug free”. The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced by the Campus Director. Violators are subject to disciplinary action, criminal prosecution, fine, and imprisonment.

Prevention Programs

Gurnick Academy has developed a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. The program provides services related to drug use and abuse including dissemination of referrals and disciplinary actions. The Campus Director will provide referral services upon request.

Local, State and Federal Legal Sanctions

Laws Governing Alcohol, Controlled Substances & Health Risks
A violation of any law regarding alcohol and controlled substances is also a violation of the Student Code of Conduct and will be treated as a separate disciplinary matter.

The State of California sets 21 as the minimum age to purchase or possess any alcoholic beverage. The unlawful use, possession, distribution, manufacturing, or dispensing of illegal drugs is prohibited.

Substance abuse may result in serious health problems, or even sudden death, which in the case of some drugs (e.g., cocaine) can occur after first-time use. The following is a partial list of other potential health risks:

Acute problems; Heart attack; Stroke; Long-lasting effects; Disruption of normal heart rhythm; High blood pressure; Destruction of brain cells; Permanent memory loss; Infertility and impotency; Immune system; impairment; Kidney failure; Cirrhosis of the liver; Pulmonary damage, etc

Specific ordinances regarding violations of alcohol laws, including driving while intoxicated as well as for the unlawful possession or distribution of illegal drugs and alcohol include the following:

• • No person may sell, furnish, give, or cause to be sold, furnished or given away, any alcoholic beverage to a person under the age of 21, and no person under the age of 21 may purchase alcoholic beverages. (California Business and Professions Code 256560).
  • It is unlawful for any person under the age of 21 to possess alcoholic beverages on any street or highway or in any place open to public view. (California Business and Professions Code 25662).
  • It is a misdemeanor to sell, furnish, or give away an alcoholic beverage to any person under the age of 21 (California Business and Professions Code 25658) or to any one obviously intoxicated (California Business Professions Code 25602).
  • It is unlawful for any person to drink while driving, or to have an open container of an alcoholic beverage in a moving vehicle. With a blood alcohol level of .08 or higher, a driver is presumed under the influence of alcohol. Between .05% and .08% a person may be found guilty of driving under the influence (Vehicle Code 23153).
  • Every person who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance or any combination of any of the above and is in such a condition that he/she is unable to exercise care for his/her own safety or the safety of others is guilty of a misdemeanor (Penal Code 647(f).
  • It is unlawful to possess controlled substances: Imprisonment in State prison for possession of specified controlled substances, including opium derivatives and cocaine (Health and Safety Code Section 11350).
  • It is unlawful to sell controlled substances: Imprisonment in State prison for two to four years for possession or sale of specified controlled substances including opium derivatives and cocaine (Health and Safety Code Section 11351).
  • It is unlawful to possess marijuana: Possession of less than 25.8 grams of marijuana is subject to a misdemeanor and shall be a fined of not more than $100 (Health and Safety Code Section 11357 (b)); Possession of more than 25.8 grams shall be punished by imprisonment in county jail and/or fine of not more than $500, or imprisonment in State prison for possession of concentrated cannabis (Health and Safety Code Section 11357 (a)).
  • It is unlawful to possess with intent to sell marijuana: shall be punished by imprisonment in the State prison (Health and Safety Code Section 11359).
  • It is unlawful to distribute prescription drugs: it is unlawful for any person who is not a pharmacist to manufacture, compound, furnish, sell, or dispense any dangerous drug or dangerous device, or to dispense or compound any prescription (Business and Professions Code Section 4051 (a)).
  • It is unlawful to be under the influence of controlled substance: No person shall use or be under the influence of any controlled substance. Any person convicted of violating this is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days or more than one year in a county jail. (Health and Safety Code Section 11550 (a)).

• For reference:
  Health and Safety Codes: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc Penal Codes: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen
  Vehicle Codes: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=veh

  Drug use during pregnancy may result in fetal damage and birth defects causing hyperactivity, neurological abnormalities, and developmental difficulties.