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Alcohol and Drug Control Policy

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Section 1 - Purpose and Context

(1) The substances covered by this policy include alcohol, over the counter and prescription medicines, tobacco and illegal drugs.

(2) The purpose of the policy is to provide a framework, consistent with legislative requirements, for the responsible distribution and consumption of alcohol and other drugs. It has been developed with a view to harm minimisation and ensuring a safe environment for all who visit the University.

(3) The policy applies to University students, employees and visitors while ever they are:

  1. in attendance at a University campus or facility (be it owned or leased);
  2. using University equipment (be it owned or leased);
  3. in attendance at a University event, function or activity;
  4. in attendance at a Student Association’s event, function or activity;
  5. participating in any activity as a representative of the University (e.g. field trips, inter-University events, conferences).

(4) Students in residence are covered by requirements stipulated by UWS Conferences and Residential Colleges Limited as well as the provisions of this policy.

(5) The University also urges students, staff and visitors to abide by the laws of other countries when travelling overseas and expects compliance with requirements related to alcohol and other drugs when travelling as a representative of the University.

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Section 2 - Definitions

(6) Nil.

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Section 3 - Policy Statement

(7) The University of Western Sydney is principally a place of teaching learning and research in which students, staff and visitors interact in a wide variety of activities.

(8) The University expects all students, staff and visitors to comply with this policy and to act responsibly in respect to the consumption of alcohol and other drugs. The serving of alcohol and the consumption of alcohol and other drugs should always be undertaken in a manner that respects cultural, social and individual differences, preferences and choices.

(9) The University will not tolerate the illegal distribution or consumption of any drug, nor will it condone harassment, unacceptable or unlawful behaviour that may result from the consumption of alcohol and/or drugs. Where observed the University will report illegal activity to the appropriate authorities (e.g. the police).

(10) Any student or staff member who contravenes the requirements of this policy or those of the governing legislation may find themselves subject to disciplinary proceedings. The University reserves the right to remove any individual from its premises for failure to comply with its policies or the reasonable directions of its employees.

(11) The University will promote a responsible attitude towards the use of alcohol and other drugs and will provide students and staff with assistance by way of its counselling services.

Part A - Alcohol

General Principles of Consumption

(12) The University acknowledges that the consumption of alcoholic beverages will occur at various University activities and venues. However, for their own protection and the wellbeing of other members of the community the University requires this consumption to be managed responsibly in accordance with this policy, State and Federal law.

(13) Responsible management of consumption in the University context requires individuals to:

  1. limit their consumption of alcoholic beverages to appropriate occasions/activities.
  2. limit their consumption of alcohol to a level where the alcohol does not impede or adversely effect their capacity or behaviour (or the capacity of others) in regard to the fulfilment of their obligations while at or representing the University.
  3. comply with the reasonable instructions of those responsible for the service of alcohol and/or of University employees.

(14) No individual is to consume alcohol:

  1. when they are under the legal drinking age (i.e. under 18 years of age).
  2. where the consumption is likely to result in a subsequent breach of State or Federal law. For example, if an individual intends to drive they should not consume sufficient alcohol to raise their blood alcohol level above legal permissible driver blood alcohol limits - NSW.

(15) The decision to consume alcohol is a personal one, however, individuals should note that having made a conscious decision to consume alcohol they remain responsible for their behaviour and liable for the consequences whilst under the influence of alcohol.

(16) The University reserves the right to restrict the consumption of alcohol in regard to certain University staff positions (e.g. Nil consumption permitted during the working day/Nil consumption permitted for a designated period prior to the commencement of the next working day). Where deemed necessary the specific conditions will be incorporated into the employment agreement for the position. Requirements may be revised from time to time.

(17) No employee, student or visitor is to consume alcohol during or prior to participation in any activity that is inherently hazardous or likely to become hazardous as a result of the consumption of alcohol as this poses a significant risk to the individual, to other members of the community and/or to University property. Activities of this kind include but are not limited to:

  1. handling of dangerous goods;
  2. control of heavy machinery or equipment;
  3. electrical maintenance work.

Alcohol Free Zones

(18) The University reserves the right to deem any area or event (covered under clause 3 of this policy) an Alcohol Free Zone either permanently or temporarily. A Division Head, Campus Provost or the Director Capital Works and Facilities have the authority to make temporary determinations while the Director Capital Works and Facilities has the authority to determine permanent alcohol free zones. All determinations are to be reported to the Director Capital Works and Facilities.

(19) No-one is to consume, nor to publicly display alcohol in an Alcohol Free Zone.

(20) Permanent Alcohol Free Zones are designated by the Director Capital Works and Facilities and will be clearly identified with appropriate signage. The Director Capital Works and Facilities will also notify any Licensee on the campus of the designated zones, whether permanent or temporary.

(21) Having accommodated the provision of safe venues for the sale and consumption of alcohol the University considers it inappropriate and unnecessary for students to bring alcohol on campus for the purpose of consumption. Accordingly students are not to bring alcohol onto University premises with the exception of on-campus residents who are providing the alcohol for consumption within their personal student residence and in doing so are acting in accordance with this policy, with the requirements of UWS Conferences and Residential Colleges and in compliance with State and Federal law.

(22) Students who breach these provisions may be asked to leave the campus and may face disciplinary proceedings.

Complimentary Service of Alcohol

(23) Alcohol may be supplied on a complimentary basis from time to time at various University events, functions and activities. On all occasions the party/individual providing the alcohol will ensure that the complimentary service of alcohol is managed in accordance with the Responsible Service of Alcohol Provisions.

Sale of Alcohol

(24) Alcohol may only be sold on-campus through authorised campus outlets where the licensee holds a current liquor licence and is in possession of a current UWS Occupier’s Licence. The sale of alcohol must be managed in accordance with the following conditions:

  1. Legislative Requirements.
  2. Provisions set out in the relevant liquor licence.
  3. Requirements specified in the UWS Occupier’s Licence.
  4. Responsible Service of Alcohol Provisions.
  5. Compliance with this policy.
  6. The venue’s House Policy.
  7. Demonstrated knowledge of the University’s Emergency Procedures.

(25) Failure to comply with these requirements will be dealt with under the provisions of the Occupier’s Licence. In the case of holders of Temporary Function Licences the requirement of clause (23) apply although such holders will not be in possession of an Occupier’s Licence.

(26) The Director Capital Works and Facilities is the authorised officer to sign licensing applications (to the Licensing Court) and Occupier’s Licences on behalf of the University. The Occupier’s Licence must be in the form approved by the University Legal Counsel.

(27) Licensing applications must be submitted to the Director Capital Works and Facilities for endorsement prior to submission to the Licensing Court. Two signed copies of the Occupier’s Licence must also be provided that the Director will sign on behalf of the University if approved. One copy will be retained by the University and the other by the applicant. Once the Licensing Court has dealt with the licensing application, the applicant will provide the Director, Capital Works and Facilities with a copy of the determination.

Responsible Service of Alcohol Provisions

(28) The Responsible Service of Alcohol Provisions set out specific requirements governing the promotion and service of alcohol. These provisions must be adhered to at all times where alcohol is involved in a promotional activity or where it is intended to be served to members of the University community on a complimentary or retail basis.

(29) Licensees will develop and display a House Policy that incorporates the responsible service of alcohol provisions.

Part B - Drugs

Illegal Drugs

(30) The University will not condone the distribution or consumption of illegal drugs and where observed such activities will be reported to the relevant authorities (e.g. the police). Students and staff may also be subject to University disciplinary proceedings (see Part E).

Prescription and Over the Counter Medications

(31) The University acknowledges that some members of its community may, from time to time, consume over the counter and prescription medicines while others require on-going medication for their health management and that these medications may be consumed while at or prior to attending the University or participating in a University activity. For their own protection and the wellbeing of other members of the community the University requires all such consumption to be managed responsibly.

(32) Responsible management includes:

  1. adherence to professional medical advice and instructions regarding consumption of medications and potential side effects; and
  2. taking appropriate steps to avoid situations that might, as a result of the medication, harbour potential harm for the individual or other members of the community. This may involve:
    1. taking a leave of absence where the medication impedes the capacity to perform appropriately relevant to the situation, or
    2. discussing other options (e.g. short-term change of duties) with a supervisor.

(33) Supervisors of staff and students are to provide reasonable accommodation to individuals seeking assistance in these circumstances. Individuals can refer to the following University policies and/or units for additional information/guidance:

  1. Disability Policy
  2. Reasonable Adjustment in the Workplace for People with Disabilities Policy
  3. Assessment and Examinations Policy
  4. Graduation and Progression Policy
  5. Equity and Diversity Unit
  6. Disability Services Unit

(34) While the University respects the individual’s right to choice, for health and legal reasons, it strongly recommends members of its community refrain from consuming any medication provided by another member of the University community or offering medication to other community members.

Tobacco

(35) The University requires staff students and visitors to comply with legislative requirements governing the production, distribution and consumption of tobacco and tobacco products (e.g. smokes, cigarettes, cigars, pipes).

(36) When on campus, individuals are required to abide by the University’s Smoking Policy and must at all times have due regard for the health and safety of members of the University community.

Part C - Duty of Care

General Requirements

(37) The University has a responsibility under the Occupational Health and Safety Act 2000 to ensure that workplaces under its control are properly maintained and remain safe. In accordance with this responsibility the University expects all who work for, study in, visit or are contracted to the University to comply with the University’s occupational health and safety policies and procedures, thereby acting in a manner that promotes their own wellbeing and the health and safety of other members of the University community.

Intervention

(38) In order to meet its legal responsibilities under the Occupational Health and Safety Act 2000 the University expects that any person on University property or acting within the University’s jurisdiction [refer clause (3)], will at all times, act reasonably and responsibly and will adhere to any requests that are made in the interests of preventing harm and minimising risk. In the event of an emergency the University expects all persons to follow any reasonable directions that may be given under the University’s Emergency Preparedness Procedures or the emergency procedures of the relevant establishment where attending an off-campus event.

(39) The University reserves the right to ask any person who does not act reasonably in such circumstances to remove them selves from University property. Should a person refuse such a request the University may call for any assistance that it deems appropriate in the circumstances.

(40) For those staff and students in need of professional assistance, counselling or support regarding alcohol or other drugs the University provides confidential counselling and support services via its Employee Assistance Program and Student Counselling Services. Staff and students are encouraged to utilise these services.

Part D - Emergency Procedures

(41) The University has developed emergency preparedness procedures to ensure the effective management of emergency situations. The University recognises that emergency situations involving the consumption of alcohol or other drugs may arise. The University therefore expects that members of the University community will familiarise themselves with emergency procedures so that emergency situations can be managed effectively. Persons in control of liquor outlets in particular, must ensure they are fully conversant with the University’s emergency preparedness program and are able to implement the emergency management plan.

(42) Implementation may include contacting the University’s Security Services (Emergency Response Personnel) or external emergency services as necessary in the circumstances.

(43) Persons using a University ground line as part of an emergency response need to dial zero for an outside line before dialling the external emergency services number.

Service Phone Extension
Security 4736 0300 2300
Police 000
Fire 000
Ambulance 000

Part E - Disciplinary Procedures

(44) Participation in any activity that directly or indirectly breaches any part of this policy or its underlying principles may result in participants being subject to internal disciplinary proceedings. The University reserves the right to instruct individuals (including students staff and visitors) to vacate its premises and will enforce this right through legal means (i.e. the police) where necessary.

(45) Failure to follow the reasonable directions of those responsible for the service of alcohol or of University employees (particularly security officers) is considered to be a breach of this policy as is any subsequent action that directly or indirectly undermines the intent of those directions.

(46) The University will not condone any attempt to undermine the individual’s right to choose not to consume alcohol or other drugs. Accordingly any individual that acts in a manner intended to impede this right of choice (e.g. by spiking drinks with alcohol or drugs, applying persistent or undue pressure) will be deemed to have breached this policy.

(47) Participation in any activity that directly or indirectly breaches State or Federal law may be subject to both internal and/or external disciplinary proceedings.

(48) Internal disciplinary or performance related remedial action will be managed in accordance with the applicable employment agreementin the case of staff members. The Misconduct - Student Non-Academic Misconduct Policy will apply with respect to student discipline.

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Section 4 - Procedures

(49) Nil.

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Section 5 - Guidelines

(50) Nil.