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Student Alcohol and Drugs Misuse Policy 2019 to present

Student Alcohol and Drugs Misuse Policy to present · 2020-03-09 · their alcohol or drug use then this will be dealt with simply as a wellbeing issue. UCLan has a range of support

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Page 1: Student Alcohol and Drugs Misuse Policy to present · 2020-03-09 · their alcohol or drug use then this will be dealt with simply as a wellbeing issue. UCLan has a range of support

Student Alcohol and

Drugs Misuse Policy

2019 to present

Page 2: Student Alcohol and Drugs Misuse Policy to present · 2020-03-09 · their alcohol or drug use then this will be dealt with simply as a wellbeing issue. UCLan has a range of support

DOCUMENT CONTROL INFORMATION

CLASSIFICATION DOCUMENT DESCRIPTION

Classification Student Policy

Responsibility for drafting Director of Student Services

Consulted with Healthy University Steering Group, Young Addaction

Document Sponsor Lisa Banks

Approved by Student Experience Committee

Effective from 2019

Next review date 2021

Enquiries to Lisa Banks

Page 3: Student Alcohol and Drugs Misuse Policy to present · 2020-03-09 · their alcohol or drug use then this will be dealt with simply as a wellbeing issue. UCLan has a range of support

Contents

1. Introduction ........................................................................................................................ 4

2. Aims .................................................................................................................................. 4

3. Scope ................................................................................................................................ 6

4. UCLan Context .................................................................................................................. 6

5. Legal Context .................................................................................................................... 7

6. The University’s response to incidents ............................................................................... 7

7. Roles and responsibilities .................................................................................................. 9

7.1 University responsibilities ............................................................................................. 9

7.2 Student responsibilities ................................................................................................ 9

8. Confidentiality and Alcohol and Drug incidents .................................................................. 9

Related policies ................................................................................................................ 10

Internal ............................................................................................................................. 11

Local ................................................................................................................................ 11

National ............................................................................................................................ 11

Page 4: Student Alcohol and Drugs Misuse Policy to present · 2020-03-09 · their alcohol or drug use then this will be dealt with simply as a wellbeing issue. UCLan has a range of support

1. Introduction

This document sets out guidance for dealing with student related alcohol and drugs

incidents. It outlines actions to be followed to ensure that UCLan fulfils its legal and

wellbeing responsibilities in a coherent and consistent manner. This guidance recognises

the complexities surrounding alcohol and drug use and aim to enable the University to

balance its legal, wellbeing, health and safety, educational and professional conduct

responsibilities.

Due to the complex nature of alcohol and drugs incidents a number of key services actively

liaise with each other and the Schools to develop appropriate responses. The key referral

point for incidents relating to students is Director of Student Services (or nominee).

Where student related alcohol and drugs incidents contravene applicable legislation, the

University’s Regulations for the Conduct of Students (the “Regulations”) or the University’s

Conditions of Residence, the University reserves the right to invoke the disciplinary process set

out in the Regulations or the Conditions of Residence (as appropriate).

There is a potential overlap between this policy and other University policies (see Appendix

One). The University reserves the right to suspend action under this policy if it considers that

the matter would more appropriately be dealt with under another policy.

For the avoidance of doubt, this policy does not form part of the University-student

contract.

2. Aims The aims of the policy are to:

• Promote an awareness of the health and legal issues associated with alcohol and

drug misuse;

• Explain the University’s approach to issues arising from the misuse of alcohol or

drugs;

• Underline the University and Students’ Union stance that initiation or hazing activities

should not be a part of university and that the use of drug or alcohol in such activity

will be treated as a disciplinary offence.

• Highlight the support and guidance available to staff and students and ensure that

staff are properly trained and supported, understand their roles/boundaries and

referral mechanisms; and

• Balance a number of responsibilities:

o Keeping within the law and not condoning the possession, use or supply of

illegal drugs, nor the misuse of alcohol or other substances, on University

premises.

o Supporting students where wellbeing concerns are raised linked to alcohol

and/or drug misuse.

o Promoting knowledge, awareness and understanding to enable the University

community to make informed choices.

o Promote supportive and caring harm minimisation strategies which reduce the

risks associated with drug use/misuse.

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o Ensure that consistent procedures are adopted across the University.

The policy is designed to provide advice and guidance to:

• Current students

• UCLan staff who have a role in advising and supporting students.

• Staff or students who have a concern about alcohol or drug use of another student,

or concerns arising from activities such as initiation/hazing events.

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3. Scope

Alcohol, smoking and illegal drugs are covered by these procedures.

This guidance apply to people on UCLan premises, including car parks and student

accommodation (UCLan owned or leased). If an incident occurs when a person is on a

placement or visit they would be subject to that organisation’s policy in the first instance.

However, in terms of follow-up, the University’s own procedures will also be considered.

If an incident involves a visitor, this guidance should be applied in the same way as with

students. Formal procedures cannot be applied to visitors therefore liaison with Academic

Registry should take place as appropriate.

The Students’ Union has additional guidelines related to dealing with alcohol and drug-

related incidents on their premises.

There are specific procedures for incidents within UCLan Accommodation within the Student

Accommodation Disciplinary Sanctions Table. Repeat or serious incidents, e.g. using or

selling class A drugs/putting other students at risk, will be referred to Academic Registry

under the Regulations. See section 6 for more details.

With regard to smoking the University operates a total ban on smoking* throughout the University's premises, accommodation and in University vehicles. In addition to this, smoking is banned immediately outside the entrance doors to UCLan buildings, the areas where people cannot smoke are indicated by white lines.

Smoking* this refers to tobacco, e-cigarettes, shisha and illegal substances

4. UCLan Context

There are a number of legal responsibilities that UCLan must uphold in liaison with the

police, which may lead to UCLan disciplinary or legal responses. In addition, UCLan will

carefully consider whether a student is putting others at risk e.g. using drugs in Halls, where

flatmates are affected in some way, or organising or encouraging others to take part in

initiation or hazing events. However, in most cases, if a student requests support related to

their alcohol or drug use then this will be dealt with simply as a wellbeing issue. UCLan has

a range of support available and knowledge/links with specific Alcohol and Drug Services for

referrals.

An alcohol or drugs issue can impact on a range of areas in a student’s life e.g. behaviour,

studies, health, risk taking, safety, ability to relate to flat mates. Response to incidents needs

to be considered in line with current University procedures (e.g. Fitness to Study, Fitness to

Practice, Conditions of Residence or the Regulations for the Conduct of Students) and in

liaison with external services e.g. Lancashire Police, Young Addaction etc as appropriate.

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5. Legal Context

Legislation relating to controlled drugs is contained primarily within two acts of Parliament -

the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016.

• Misuse of Drugs Act 1971 - Current penalties for possession and dealing can be

found on the Home Office Tackling Drugs website https://www.gov.uk/penalties-

drugpossession-dealing. Substances are categorised as Class A, B or C.

• Psychoactive Substances Act 2016 - The act prohibits and disrupts the

production, distribution, sale and supply of new psychoactive substances (NPS)

in the UK (specifically those not covered by the misuse of drugs act). The ban will

also extend to the sale of nitrous oxide for human use, known as ‘laughing gas’

although its legitimate sale will not be affected. Note: Possession of any

substances covered by the act are not punishable under the law, although

substances will be confiscated and potentially tested. If found to contain drugs

that contravene Misuse of Drugs Act, further penalties may be applied.

The University will balance legal, health and safety, wellbeing, educational and professional

conduct responsibilities. The legal context is of paramount importance and the Misuse of

Drugs Act 1971 confirms that the University has no legal obligation to report every single

illegal drug-related incident to the police. However, it does make it clear that in the event of

such an incident, the University must take clear action to address the situation and ensure

that it does not recur.

The University must, therefore, be able to demonstrate that:

• In the event of an illegal drug-related incident on its premises, meaningful action

is taken to prevent and/or discourage any recurrence (i.e. it is not knowingly

permitting or suffering such illegal drug-related activity) – through the

implementation of disciplinary procedures and other appropriate measures.

• Health and safety issues highlighted by risk assessments are dealt with.

• Facilitated by Student Services, appropriate support and guidance are offered to

individuals, including: making drug-related educational material available; and

offering support through existing University services or via referral to appropriate

agencies.

• Individuals are made fully aware of the facts concerning illegal drug use and are

informed of both the University’s legal position and its policy.

• The impact of an incident on others (e.g. fellow students) is taken into account.

• Any student found to have organised or encouraged another to participate in an

initiation or hazing activity involving the use of drug or alcohol will be subject to

the Student Disciplinary Procedures. Any student found to have been coerced in

to this activity will receive wellbeing support.

6. The University’s response to incidents

In most cases, the University will apply the following three levels of response in relation to incidents involving alcohol, smoking and / or drugs:

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• Level 1 – written warning provided to the student, which will include an offer to the student to participate in appropriate education and an undertaking of behaviour signed by the student confirming they will adhere to University policies in future.

• Level 2 – final written warning provided to the student, which will include an offer to the student to participate in appropriate education and an undertaking of behaviour signed by the student confirming they will adhere to University policies in future. Clear, documented information will be provided to the student that removal from accommodation and/or their course will be the likely outcome of a Level 3 breach.

• Level 3 – removal of student from accommodation and/or their course if behaviour is deemed sufficiently serious and/or earlier behaviour has been repeated.

Where the University considers that an incident requires disciplinary action the disciplinary

processes set out in the Regulations or the University’s Conditions or Residence (as

appropriate) will be applied. The disciplinary process will consider the levels set out above

when determining the appropriate action to be taken, however, the University reserves the

right to take other action where this is deemed necessary.

Depending on the seriousness of the incident the University will decide at which level

to respond. The University may offer a student all three levels of response but also

reserves the right to move straight to Level 2 or 3 dependent upon the incident.

Moving straight to level 2 or 3 is likely to occur where for example a student is putting

others at risk physically, verbally or through their actions e.g. tampering with fire

detectors.

Whilst responses will vary depending on the seriousness of the incident, the following

guidance will apply:

• Student Services, Academic Registry/Head of School (as appropriate) will lead on any disciplinary action, dependant on the nature of the incident

• In serious incidents (e.g. those that could warrant Level 3 above), the

Regulations will usually be applied and this could potentially mean suspension

pending an investigation under the Regulations.

• In the majority of situations resolution will be internal – involving appropriate support and/or the implementation of existing University regulations and related procedures.

• In the following situations, the police will conduct the investigation, although internal disciplinary and wellbeing procedures will still be followed. There is evidence of :-

o dealing/supplying;

o violent, aggressive or threatening behaviour; or o the individual has previously received a formal written warning and

penalties for drug-related offences, through implementation of student disciplinary procedures.

• Where appropriate in the circumstances, the University may invoke its Fitness to Study or Fitness to Practise in addition to this policy.

Exception - If a student is seeking help, support and guidance related to their alcohol or drug

use and there are no other related issues they will be given appropriate information, support

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and referrals. Usually, levels 1-3 above will not be applied in such circumstances and the

student will not be issued with a written warning.

7. Roles and responsibilities

7.1 University responsibilities Staff have a responsibility to respond and manage alcohol and drug misuse in the following

ways:-

• Familiarise themselves with this policy.

• Attend Alcohol & Drug Awareness training, where it is appropriate for the

individual’s role.

• Treat any disclosure of alcohol or drug use seriously and refer the student to

Student Services for support.

• Student Services will identify whether referral to external services would be helpful

e.g. Young Addaction.

• Actively participate in the Fitness to Study/Practise procedure to create a

collaborative action plan with the student and Student Services that will give the

student the best chance of success.

• If a student does disclose an alcohol or drug difficulty:-

o Listen to the student’s concerns;

o Clarify your role and the areas you can support; and

o Be aware of professional boundaries and limit of expertise (signpost to

Student Services), using emergency procedure is considered appropriate.

7.2 Student responsibilities Students have a responsibility to:-

• Advise the University as soon as possible of any developing alcohol and drug

difficulties and discuss the appropriate support required.

• Notify the University if something has triggered a previously managed condition

which is now affecting their ability to fulfil the course requirements.

• Be aware of their impact on others; taking and acting on advice from academic and

Student Services staff.

• See their Academic Advisor if they feel that their capacity to learn is being affected

by changes in their health and well-being.

• Not to organise or encourage others to take part in any initiation or hazing activities.

8. Confidentiality and Alcohol and Drug incidents

Due to the sensitive nature of information relating to alcohol and drug incidents of students, it is imperative that staff maintain appropriate levels of confidentiality. Staff should work with students in accordance with the law and within existing University and professional bodies’ policies and Codes of Practice.

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Appendix ONE

1. Related UCLan policies and procedures

Extenuating Circumstances

Some students face significant unplanned and unforeseen events in their personal life that occur after their course has started, which have a greater impact on their studies than can be solved by the use of an extension. This includes a sudden or unpredictable relapse in a previously diagnosed condition, but does not include examination stress or panic attacks (unless this is related to a disability, in which case specific exam arrangements can be put in place). Extenuating Circumstances are only a short-term solution to an immediate problem, so if a student is repeatedly asking for extensions or extenuating circumstances, it may be appropriate for their Academic Advisor to meet with them and more fully investigate the reasons for this. More details of the Extenuating Circumstances process can be found at:- https://www.uclan.ac.uk/students/support/extensions.php

Interruption to Study

Students with a disability or ill health condition may need to suspend temporarily or interrupt their study. A student may apply for an interruption to study if they feel this will be beneficial to

them. The student’s Course Leader can provide information as to the academic requirements of the course and possible dates for the return to study.

https://www.uclan.ac.uk/students/support/study/interruption_to_study.php

Fitness to Study

The Fitness to Study procedure can be used when a student is facing health or wellbeing

issues that are preventing them from actively engaging in their course. The procedure is

designed to be collaborative and supportive and aims to bring the student, appropriate teaching staff (usually the Course Leader) and specialist Student Services staff together to create a plan

of action designed to keep the student on track. More details are available at:- https://www.uclan.ac.uk/study_here/student-contract-taught-programmes.php

Related policies

Other UCLan policies that might be relevant include:-

• Disability Policy

• Regulations for the Conduct of Students

• Fitness to Practise procedure

• Fitness to Study

• Safeguarding Policy

• Students with Caring responsibilities

• Children on campus policy

• Student pregnancy, maternity, adoption and paternity policy

• Student Attendance Monitoring Policy

• Student Accommodation Service Disciplinary Sanctions & Conditions of Residence

http://www.uclan.ac.uk/study_here/student-contract-taught-programmes.php

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2. Sources of information

Internal

• Student Support general student web pages -

http://www.uclan.ac.uk/study_here/student_support.php

o Drug specific advice - https://www.uclan.ac.uk/students/support/wellbeing-

resources.php

• Headroom - http://www.uclansu.co.uk/headroom

External Services

Local

Young Addaction Under 25yrs www.addaction.org.uk

Preston based service that covers alcohol, drugs, solvent and legal highs.

Preston Urban Exchange, Theatre Street, Preston, PR1 8 BQ

Freephone 0808 164 0074

Discover Drug & Alcohol Recovery Services

Work with individuals to provide information, assess needs and develop a recovery

plan, call for an appointment, Tel 01772 366123, Fox Street, Preston PR12AB

Central Lancashire Adult Services – Alcohol and Drugs

Drop in Mon, Tues, Thurs & Fri, 9am-5pm,

Appointments only late night clinic Mon-Fri 5-8pm 01772 676014

Bickerstaff House, 53 Garstang Road Preston, PR1 1LB

Addiction Dependency Solutions www.adsolutions.org.uk

Alcohol and drug charity throughout the North, a service for over 18s whose lives

have been severely affected by their misuse of alcohol or drugs.

ADS Bridge House, 1 St Luke’s Place, Preston PR1 5DE, 01772 797654

National

Alcoholics Anonymous www.alcoholics-anonymous.org.uk

National helpline 0845 769 7555

Drink Aware www.drinkaware.co.uk

Alcohol info., quizzes understanding your drinking, making a change, unit calculator,

a guide to university nights out.

Drug Scope www.drugscope.org.uk

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Website with info about the law relating to alcohol and drugs

NHS Choices - www.nhs.uk

Search any topic related to alcohol or drugs, for info and links to other sites.

Talk to Frank www.talktofrank.com

Alcohol and Drug info, the law, services, 0300 123 6600 24hrs a day

Live chat online – 2-6pm all week SMS 82111 text a question

Useful Websites for Information on Drugs

www.drugscope.org.uk

www.thesite.org/drugs www.talktofrank.com

www.homeoffice.gov.uk