xx>Willkrantz |
xx>Willkrantz |
| Line 1: |
Line 1: |
| <ol>
| | The distribution, manufacturing, or cultivation of controlled substances is strictly prohibited on BSC property. These behaviors jeopardize the organizational mission of providing quality low-cost student housing by: |
| <li>''' BSC Substance Abuse Policy'''<br>
| |
| The Berkeley Student Cooperative is committed to providing a safe and comfortable environment. The BSC does not condone the use or abuse of any substances or activities that contribute to substance abuse. The BSC endeavors to help any member end a substance problem. We aim to have a community that respects individual’s rights.
| |
| </li>
| |
|
| |
|
|
| |
|
| | :*Jeopardizing the health and safety of BSC members |
| | :*Creating a very real risk of organizational censure from increased law enforcement attention |
| | :*Creating a reasonable possibility of increased rental costs due to lawsuits, subsequent decreased occupancy, and more expensive property insurance |
| | :*Fostering an environment that is not consistent with scholastic endeavors |
| | :*Bringing outsiders onto BSC property to purchase, sell, or distribute controlled substances |
|
| |
|
| <li>'''Substance Abuse Definitions'''<br>
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| A substance is any chemical which causes physical, emotional, or behavioral change. This policy is primarily concerned with alcohol and controlled substances.
| |
| </li>
| |
| <li>
| |
| Substance abuse is using a substance and experiencing negative consequences. The abuser may not be aware of these negative consequences, which can range from health effects, the increased willingness to take a risk with health or safety, or any outcome that adversely affects another person or him/herself.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
|
| | Any person who suspects a member of the distribution, manufacturing, or cultivation of controlled substances on BSC property is encouraged to report these offenses to the Member Resources Supervisor or a house manager, who should subsequently report it to the Member Resources Supervisor. |
|
| |
|
| <li>
| |
| '''Dissemination of Information on Substance Abuse'''<br>
| |
| On a semesterly basis, the Member Resources Department and the Member Services & Ed Committee will:
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| Publish and post copies of the substance abuse policy prominently in all living and work sites and update and distribute the Intervention Resource Handbook.
| |
| </li>
| |
| <li>
| |
| Notify all BSC staff, house and central level elected officers, and member resources staff of the substance abuse policy itself, and their role as potential contact people for reports/grievances.
| |
| </li>
| |
| <li>
| |
| Send written notification to all newly elected house officers detailing the Substance Abuse Policy and Procedure and appropriate responses to complaints.
| |
| </li>
| |
| <li>
| |
| Present the policy at manager trainings and inform them of who the central level contact person is.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
|
| | The confidentiality of the informant will be maintained and reports may also be anonymous. |
|
| |
|
| <li>
| |
| '''House Level Procedure'''<br>
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| Houses will be requested to write a substance abuse procedure that can be enforced, or choose to have Central Office deal with substance abuse issues. The policy will be due to Central Office no later than the third week of the contract period. The house’s substance abuse procedure will be incorporated into the house’s bylaws, so that it need not be revised each semester.
| |
| </li>
| |
| <li>
| |
| House Level Substance Abuse Procedure must address the following points:
| |
| <ol>
| |
| <li>
| |
| Who will the decision making body be? For example:
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>house council</li>
| |
| <li>management team</li>
| |
| <li>special committee made up of (please specify)</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| How will the voting procedure be done? How will you protect minority opinions?
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>secret ballot</li>
| |
| <li>hand vote</li>
| |
| <li>quorum requirements</li>
| |
| <li>eligibility to vote (Will the accused be present, is the complainant required to be present and/or vote)</li>
| |
| <li>consensus voting</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| The names of the complainant and the accused must be kept anonymous.<br>
| |
| How will you protect the identity of the person accused? The complainant? How will you ensure that confidentiality is maintained?
| |
| </li>
| |
| <li>
| |
| Options for the house to consider:
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>House Level termination</li>
| |
| <li>Clear and present danger termination (This is a determination made by the House Manager or House President, the Executive Director and the BSC President)</li>
| |
| <li>Conditional Contract (must include individual’s commitment to end substance abuse)</li>
| |
| <li>Training and education from community resources for individuals and/or house</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| Who is responsible for notifying Central Level of the house’s decision(s)?
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>appointed individual,</li>
| |
| <li>elected official</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| The Member Resources Supervisor, with assistance from house members, will ensure compliance with the house’s decision.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
|
| | | The Member Resources Supervisor or an appropriate factfinder will conduct an investigation and send the issue to the Enforcement Committee (see AdCode Section XXIV). A violation of this policy shall result in termination unless a two thirds vote of the Enforcement Committee finds that a conditional contract will reasonably prevent the risk of an occurrence. |
| <li>
| |
| '''Substance Abuse Related Offenses'''<br>
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| If a member’s substance abuse:
| |
| <ol>
| |
| <li>Breaks either House/BSC rules,</li>
| |
| <li>Violates the rights of others,</li>
| |
| <li>Threatens life,</li>
| |
| <li>Or is in breach of a member’s contract,</li>
| |
| </ol>
| |
| then a member, manager(s) or the house may either opt to implement the house’s substance abuse policy or individually contact the Member Resources Supervisor.
| |
| </li>
| |
| <li>
| |
| The Member Resources Supervisor, house manager(s), complainant and a representative of an outside resource will meet to discuss the complaint and determine possible resolutions that the house members may choose. If the house manager is implicated, the house shall choose a neutral house member to attend the meeting. If the complaint is determined to be extreme and/or of a violent nature, a clear and present danger termination can be used in place of the house’s substance abuse procedure.
| |
| </li>
| |
| <li>
| |
| After the Member Resources Supervisor, the House Manager(s) and/or House President and the complainant meet to determine possible resolutions to a member’s substance abuse, the matter will be handled according to the houses’ substance abuse procedure within one week of the aforementioned meeting.
| |
| </li>
| |
| <li>
| |
| If the Member Resources Supervisor, the complainant, the house, and identified member(s) are unable to arrive at a satisfactory resolution within two weeks, further complaints will be reported to Central Office. An investigation/intervention will then be conducted after a complaint is filed.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| | |
| | |
| <li>
| |
| '''Substance Abuse Policy Investigation/Intervention'''<br>
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| House members may first notify Member Resources Supervisor. The Member Resources Supervisor will work with the house and the member(s) alleged as substance abuser(s) to create a satisfactory resolution, as outlined in Section IV.
| |
| </li>
| |
| <li>
| |
| If no adequate resolution can be found after two weeks, an investigation shall be conducted by Central Office.
| |
| <ol>
| |
| <li>The Executive Director or the Enforcement Committee, depending on their availability, can grant extensions if the house is in the process of resolving the issue.</li>
| |
| <li>When asking for an extension, the house will not refer to the individual in question in order to protect the person’s identity.</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| The Central Office fact finder/investigator shall be one of the following: 1) the Member Resources Supervisor, or 2) the Operations Manager, or 3) the Executive Director, as appropriate.
| |
| <ol>
| |
| <li>S/he maintains neutrality.</li>
| |
| <li>
| |
| S/he will conduct an investigation with consultation from outside professional assistance as necessary.
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>Receive the complaint, preferably in writing.</li>
| |
| <li>The investigation will take no longer than 1 week from the time of submission of the complaint to the submission of the preliminary report to the Enforcement Committee. The Enforcement Committee will grant extensions on a case by case basis.</li>
| |
| <li>In a private, non-confrontational meeting, inform the alleged abuser that a complaint has been submitted and he or she is under investigation. Interview him/her for his/her response to the complaint. Provide referrals and treatment options as appropriate. Inform him/her that the Member Advocate is available to assist him/her in responding to the complaint.</li>
| |
| <li>As appropriate to the particular circumstances, interview the named individuals and others who can be reasonably expected to have relevant knowledge.</li>
| |
| <li>Review independent documentation, as appropriate.</li>
| |
| </ol>
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| | |
| | |
| <li>
| |
| '''Findings under Substance Abuse Policy'''<br>
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| The fact finder/investigator will make a preliminary finding based upon his/her investigation and s/he will:
| |
| <ol>
| |
| <li>Make a finding as to whether the member falls under the category of substance abuser and has committed the actions in question;</li>
| |
| <li>Present the preliminary report to the Enforcement Committee and the BSC Executive Director;</li>
| |
| <li>Notify member of the finding, and advise him/her of the Member Advocate; and </li>
| |
| <li>Advise the member that written responses, if any, must be turned in within three (3) working days and will be forwarded to the Enforcement Committee and the BSC Executive Director for review.</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| The findings become final after the Enforcement Committee, with the BSC Executive Director as a voting member, accepts the preliminary findings.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| | |
| | |
| <li>
| |
| '''Resolution under Substance Abuse Policy'''
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| The fact finder/investigator will also recommend appropriate action to address the complaint, which must be forwarded in writing to both the Enforcement Committee and the BSC Executive Director, for review.
| |
| <ol>
| |
| <li>The Enforcement Committee with the BSC Executive Director, as a voting member, may accept these recommendations or offer their own.</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| The resolution of a complaint of substance abuse may take a number of forms depending upon the severity of the incident and the parties involved. These might include any one or combination of the following:
| |
| <ol>
| |
| <li>Conditional Contract,</li>
| |
| <li>Transfer from one living unit to another,</li>
| |
| <li>Loss of elected position,</li>
| |
| <li>Termination of employment,</li>
| |
| <li>Termination of membership (eviction),</li>
| |
| <li>Counseling, mediation, treatment and/or</li>
| |
| <li>Referral to state or local agencies as appropriate.</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| The BSC Executive Director, or his/her designee, is charged with ensuring that the recommendation(s) are implemented.
| |
| </li>
| |
| <li>
| |
| After notification of the Enforcement Committee’s decision, the member will have three (3) working days to submit a written appeal to the Enforcement Committee. Only in the case of a termination of membership may an appeal go to the Board of Directors. At the Board of Directors, the defendant shall present the case. An Enforcement Committee designee shall present the Enforcement Committee’s decision and reasoning behind that decision. Decisions shall be based upon factual information and not on personalities.
| |
| </li>
| |
| <li>
| |
| All documentation and reports presented to the Enforcement Committee and to the Board of Directors shall not contain the names of individuals, which would permit identification. Official findings and recommendations, which identify individuals, will be kept by the Member Resources Supervisor as confidential records.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| | |
| | |
| <li>
| |
| '''Addendum to Substance Abuse Procedure'''<br>
| |
| ''Guidelines for Identifying Individuals Who May Need Support''
| |
| <ol style="list-style-type:upper-latin">
| |
| <li>
| |
| Behavior that may indicate that someone has a substance abuse problem includes but is not limited to the following:
| |
| <ol>
| |
| <li>Has the person’s work, schoolwork, workshifts or other responsibilities been neglected as the result of drinking/drug use?</li>
| |
| <li>Are other people concerned about this person’s drinking/drug use?</li>
| |
| <li>Does this person show a marked behavior change when under the influence?</li>
| |
| <li>Is your relationship with this person suffering because of his/her drug use?</li>
| |
| <li>Has the person’s health, work, or dependability deteriorated?</li>
| |
| <li>Has the person had legal or other problems, such as vandalism, DUI, fights?</li>
| |
| <li>Does this person contribute to a sense of unease or threatened safety?</li>
| |
| <li>Does this person continue to use despite negative consequences?</li>
| |
| </ol>
| |
| </li>
| |
| <li>
| |
| If a member may need support, resources are available from the Member Resources Supervisor at Central Office. S/he may also refer to the Intervention Resources Handbook that is available at every house and at Central Office.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| </ol>
| |
