Alcoholic Beverages, Drugs and Weapons Policy
In order to comply with the requirements of the Drug Free Schools and Communities Act Amendments of 1981, 20 U.S.C., Section 1145q, and the Drug Free Workplace Act of 1988, 41 U.S.C. Section 701 et seq., Samford University hereby adopts the following Drug and Alcohol Policy.
Samford University seeks to foster the development of Christian character, scholastic attainment and sense of personal responsibility. To fulfill this purpose and to protect and promote the health and wealth and welfare of the faculty, staff and students, Samford University is committed to maintaining a drug-and alcohol-free campus. To this end, Samford University is committed to providing drug and alcohol education information and assistance to its faculty, staff and students. It is the policy of Samford University that the use of illicit drugs or alcohol by faculty, staff or students on campus, or in connection with or affecting any school-related activity, is strictly prohibited. Violation of this policy will result in the imposition of disciplinary sanctions up to and including termination of faculty and staff, and expulsion of students.
Standards of Conduct
A. The use, consumption or possession of alcoholic beverages and the unlawful manufacture, distribution, dispensation, possession or use of illicit drugs by any faculty member, staff member, student or any other individual on campus, or off campus in connection with or affecting any school-related activity is strictly prohibited.
B. The term "staff" includes any non-faculty personnel employed by Samford University, including student employees under college work-study programs and other institutional programs of student employment.
C. The term "illicit drugs" includes any controlled substance listed in 21 U.S.C. Section 812, and other federal regulations, and controlled substances listed in Schedules I-V in Alabama Code Section 20-2-22 through Section 20-32, and any "legal drugs" which are not prescribed by a licensed physician.
D. The term "school related activity" includes, but is not limited to, any academic, extracurricular, social, administrative, work related or other activity which takes place on the campus of Samford University, or which takes place off the campus and is sponsored by any Samford University organization.
E. Any faculty member, staff member, or student violating this policy will be subject to disciplinary procedures, up to and including termination or expulsion, and may be required to participate in a drug/alcohol abuse, assistance or rehabilitation program approved for such purposes by federal, state or local health, law enforcement or other appropriate agency.
Under Alabama Law, the possession, purchase or consumption of alcoholic beverages by a person under twenty-one (21) years of age is punishable by a fine of up to five hundred dollars ($500) and by up to three months in jail. Penalties for drug-related offenses in the state of Alabama may be found in title 13A, Criminal Code of Alabama as amended by The Drug Crimes Amendment Act of 1987. The penalty for the first offense, unlawful possession of a controlled substance (that is, illegal drugs), may be punishable by imprisonment of up to ten (10) years and a five thousand ($5000) fine; and unlawful distribution of a controlled substance may be punishable by imprisonment of up to twenty (20) years and a ten thousand dollar ($10,000) fine. Subsequent offenses may carry more stringent sentences. Unlawful sales on or near a school campus, including private universities, may carry an additional penalty of five (5) years incarceration with no provisions for probation. Penalties under federal law for trafficking in illegal drugs vary, depending on the type and quantity of drug.
Samford University generally prohibits possession or use of firearms, ammunition, bowie knives, knives with blades 3 inches or longer, instruments of like kind, bows and arrow, fighting weapons (e.g. nanchaku, daggers, etc.), brass knuckles, and other potentially dangerous weapons including firecrackers or other explosive devices, in all University buildings, facilities and properties and off premises when the employee is engaging in University activities. Bringing firearms of any type into a Samford facility, Samford automobile, or offsite location while conducting University business, is strictly prohibited. This policy applies to all faculty, staff, students, and visitors of the University. Violations of this policy may result in discipline up to and including ejectment from campus and immediate discharge.
There are two exceptions to the general prohibition of potentially dangerous weapons.
The first exception is for compliance with Alabama Act 2013-283. A Samford employee may transport or store a lawfully possessed firearm or ammunition in the employee’s own privately-owned vehicle while properly parked in a Samford parking area if the employee satisfied all of the following:
(1) The employee either:
(a) Has a valid concealed weapon permit; or
(b) If the weapon is any firearm legal for use for hunting in Alabama other than a pistol:
(i) The employee possesses a valid Alabama hunting license;
(ii) It is during a season in which hunting is permitted by Alabama law or regulation;
(iii) The employee has never been convicted of any crime of violence as defined in Ala. Code §
13A-11-70, nor of any crime set forth in Ala. Code Chap. Title 13A Chapter 6, nor is subject to a Domestic Violence Order, as defined in Ala. Code. § 13A-6-141.
(iv) The employee has no documented prior workplace incidents involving the threat of physical injury or which resulted in physical injury.
(2) The motor vehicle is operated or parked in a location where it is otherwise permitted to be.
(3) The firearm is either:
(a) kept inside the employee’s vehicle and out of sight, while the employee is attending the vehicle; or
(b) kept out of sight, locked in a compartment, container, or in the interior of the employee’s privately owned vehicle or in a compartment or container securely affixed to the employee’s vehicle, when the vehicle is unattended; and
Employees not meeting any of the above requirements are prohibited from having a firearm in a vehicle on Samford property. Samford reserves the right to restrict or prohibit the presence of a hunting weapon, to the extent permitted by the Americans with Disabilities Act, if the Chief of Campus Safety or Director of Human Resources knows that the employee meets any of the factors listed in Ala. Code § 13A-11-75(a)(1)a.1.-8.
The law does not allow an employee to possess a firearm in an automobile owned by Samford or another person. Samford has the right to question an employee regarding verification of any of the above exceptions. Also, in any instance in which Samford believes an employee poses a risk of danger to themselves or others; Samford reserves the right to make further inquiry as to whether an employee has a weapon on Samford property. If the employee in question does have a weapon, Samford has the right to take the required steps to ensure the employee is compliant with Alabama Act 2013-283. If it is found that the employee is not in compliance, the employee is subject to disciplinary action, including termination.
The second exception is for Public Safety Officers who are authorized by the Director of Public Safety to be armed and have a weapon on campus while performing job related duties.