ESCUELA TECNICA DE ELECTRICIDAD, INC. PONCE SAN JUAN FAJARDO Tels, (787) 843-7100/ (787) 752-5500/ (787) 801-5555
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ESCUELA TECNICA DE ELECTRICIDAD, INC. PONCE SAN JUAN FAJARDO Tels, (787) 843-7100/ (787) 752-5500/ (787) 801-5555 www.etepr.edu DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM REVIEW Escuela Técnica de Electricidad (ETE) required to communicate and ensure the receipt of the following information to all students, administrative staff, and faculty annually. Please take the time to review this important information. Legal Base A. Law Number 143: Sales of Alcoholic Beverages It is prohibited to sell alcoholic beverages to minors under 18 years. This law was approved on July 1, 1969. B. Law Number 141: Vehicles and Traffic of Puerto Rico Section 5 – 801: It will be illegal for anyone under the influence of intoxicating beverages to drive or operate any motor vehicle. Section 5 – 802: The maximum blood alcohol concentration established for a person to be intoxicated is .08 percent or more. C. Law Number 4: Puerto Rico Controlled Substances Act Chapter 4 – Article 401: Prohibited Acts and Penalties D. Regulation 9038: Medical Cannabis in Puerto Rico of July 2, 2018 Prevention Program In order to keep students and employees informed about the risks associated with the use and abuse of illicit drugs and alcohol, prevention talks are offered annually, and informational material is published on bulletin boards. Standards of Conduct In compliance with federal and state laws, ETE prohibits the use, possession, distribution and sale of illicit drugs or being under the influence of alcohol within its facilities and activities sponsored by it to faculty, students and administrative personnel. The legal use of medications, as prescribed by a physician, is permitted in the institution only if it does not interfere with the ability of the employee or student to perform the essential functions of their duties in an effective and safe manner and that does not endanger other members of the student community. The use of medications that could interfere with the effective performance of their tasks and responsibility must be notified. Disciplinary Sanctions (Students) Any student who violates any of these standards of conduct will face the following disciplinary sanctions: 1. Warning 2. Probation for a defined time. Previous violations will be a suspended. 3. Suspension from ETE for an unlimited period. Violations on this sanction will entail and extension or definite separation from the institution. 4. Separation from the Institutions. Any student who incurs serious violations, second violations will be eligible for previous sanctions. Each case will be evaluated individually. Disciplinary Sanctions (Employees) Regarding employees, the disciplinary sanctions for the violations of these standards of conduct will be following: 1. Verbal admonition (documented). 2. Written warning. 3. Suspension of employment and salary for a period of less than 6 months. Violation of the suspension prior may result in an extension of the period or definitive separation from the institution. 4. Dismissal. Any employee who incurs serious violations, second violations will not be eligible for previous sanctions. Each case will be subject to the final determination of the evaluation process if the case merits the application to participate in a rehabilitation program. Legal Sanctions A person who violates any of the following alcohol and drug laws will be reported to the appropriate law, enforcement agency and will be subject to prosecution in accordance with the law. Legal penalties for violation of local state or federal laws may include, but are not limited to, fines, probation, jail, or prison sentences. Specific state and federal criminal offenses penalties are provided below. Penalties under Puerto Rico Vehicle and Traffic Law 141 ALCOHOL • Illegal blood alcohol limits: o (.08) del 1% in light vehicle or (.02) del 1% in heavy vehicle, school buses, motorcycles and those under 21 years. First time $500 + $50 for each additional hundredth over the established alcohol concentration limit. Compulsory attendance at an orientation program, penalty of restitution if applicable and license suspension no more than 30 days. Second time $750 + $50 for each additional hundredth over the established alcohol concentration limit. 15-30 days in jail, restitution of damages if applicable and suspension of the license for a term not less than one (1) year. The court will order the confiscation of the vehicle were driving under the influence of alcohol. Third and subsequent times $2,000-$5,000 + $50 for each additional hundredth over the established alcohol concentration limit. Not less than 60 days, nor more than 6 months in jail and restitution penalty, if applicable. In addition, the privilege of the Driver License will be revoked. The court will order the confiscation of the motor that was driving under the influence of alcohol. Any person who drives and is convicted of causing bodily harm to another person or serious bodily harm under the influence of alcohol, drugs or controlled substances will be sanctioned with a fine of not less than $1,000 nor more than $5,000, penalty of restitution, suspension of Certificate of License for a term of not less than 1 year nor more than 5 years. In the case of serious bodily harm, he will have in addition a sentence of imprisonment for fixed term of 18 months. Any person who is convicted of driving under the influence of alcohol, drugs or controlled substances and who is driving the motor vehicle in the company of a child under 15 years or less or a pregnant woman will be sanctioned with a fine of $1,000 more $50 for each additional hundredth over the established concentration limit and you will serve 48 hours in jail. Penalties under Law 4 of Controlled Substances of Puerto Rico Crime Minimum Penalty Maximum Penalty Article 401: Prohibited Classifications I or II- If any person commits such Acts(A) and penalties. imprisonment for a fixed term a violation after one (1) or (24 L.P.R.A. § 2401) of twenty (20) years. more prior convictions ($25,000). If there are related to narcotic drugs Classification I aggravating circumstances, marijuana, depressing the established fixed penalty substances or stimulants- may be increased to a imprisonment. If there for a maximum of thirty (30) years; fixed term of thirty-five (35) should there be extenuating years. If there are circumstances, it may be aggravating circumstances, reduced to a minimum of ten the established fixed penalty (10) years. The court, at its may be increased to a discretion, may impose, in maximum of fifty (50) years; addition to the penalty of should there be extenuating confinement, a fine that will circumstances, it may be not exceed twenty-five reduced to a minimum of thousand dollars ($25,000). (20). The court, at its discretion, may impose, in addition to the penalty of imprisonment, a fine not to exceed fifty thousand dollars ($50,000). Article 401: Prohibited acts In the case of any controlled If any person commits such (B) and penalties. substance included (the) in a violation after one (1) or (24 L.P.R.A. § 2401) Classification I that is not a more prior convictions narcotic drug, such person will related to narcotic drugs, Classification I incur a felony, and if convicted, marijuana, depressing he will be sentenced to substances or stimulants, imprisonment for a fixed term they will be sentenced to of twelve (12) years. If there imprisonment for a fixed are aggravating circumstances, term of twenty-five (25) the established fixed penalty years. If there are may be increased to a aggravating circumstances, maximum of twenty (20) years; the established fixed penalty should there be extenuating may be increased to a circumstances, it may be maximum of forty (40) reduced to a minimum of five years; should there be (5) years/. The court, at its extenuating circumstances, discretion, may impose, in it may reduce to a minimum addition to penalty of of ten (10) years. The court, confinement, a fine not to at its discretion, may exceed twenty thousand impose, in addition to dollars ($20.000). penalty of imprisonment, a fine not to exceed thirty thousand dollars ($30,000). Article 401: Prohibited acts In the case of any controlled If any person commits said (C) and penalties. substance included in violation after one (1) or (24 L.P.R.A. § 2401) Classification II, which is not a more prior convictions narcotic drug, or in the case of related to narcotic drugs, Classification II o III a controlled substance marijuana, depressing included in Classification III, substances or stimulants, such person will incur a felony such person will incur a and convicted, will be felony and any convicted sentenced with a penalty of person will be sentenced to imprisonment for a fixed term imprisonment for a fixed of seven (7) years. If there are term of fifteen (15). If there aggravating circumstances, the are aggravating established fixed penalty may circumstances, the be increased to a maximum of established fixed penalty ten (10) years; should there be may be increased to a extenuating circumstance, it maximum of twenty (20) may reduce to a minimum of years; should there be five (5) years. The court, at its extenuating circumstances, discretion, may impose, in it may be reduced to a addition to penalty of minimum of ten (10) years. imprisonment, a fine not to The court, at its discretion, exceed fifteen thousand may impose, in addition to dollars ($15,000). the penalty of imprisonment, a fine not to exceed thirty thousand dollars ($30,000). Classification IV In the case of any controlled If any person commits such a substance included in violation after one (1) or Classification IV, such person more prior convictions will incur a felony and any related to narcotic drugs, convicted person will be marijuana, depressing sentenced to imprisonment for substances or stimulants, a fixed term of three (3) years.