SUBSTANCE MISUSE POLICY

1. INTRODUCTION

• 1.1. Leicester College is committed to providing a safe and supportive learning environment for all students, apprentices, visitors and staff and will take action to safeguard their wellbeing.  Occasionally a student, potential student or apprentice’s behaviour in relation to alcohol or drugs may impact upon their own or others’ ability to fulfil their potential, which may result in the implementation of this policy or other related procedures.

• 1.2. The College considers that, to provide a safe and healthy working environment and to comply with statutory requirements, the consumption of alcohol or the use of drugs or misuse of substances whilst attending College or on College related activities is unacceptable. The College has a zero-tolerance policy towards the misuse of substances.

• 1.3. This Substance Misuse Policy outlines our approach to preventing and addressing substance misuse within the College. 

2. OBJECTIVE

• 2.1. The purpose of this policy is:

  • 2.1.1. To promote a culture of health, wellbeing, and safety within the College.

  • 2.1.2. To prevent substance misuse among students and apprentices.

  • 2.1.3. To provide support and guidance to individuals affected by substance misuse.

  • 2.1.4. To ensure a fair and consistent approach in addressing substancerelated incidents.

  • 2.1.5. To support staff to be able to deal with substance misuse issues promptly and rigorously.

  • 2.1.6. To comply with relevant laws, regulations, and guidance regarding substance misuse.

3. SCOPE

• 3.1. This policy applies to all students irrespective of their method of application or enrolment or their type of study including those on further education, higher education (including programmes awarded by partner institutions), school links and apprenticeship programmes, studying either full-time or part-time, whilst attending a College centre or at a College-approved placement. 

• 3.2. It applies to student behaviours both on the College site and in external settings including trips, College transport, work placement and social media. It applies to students on campus and outside College grounds within the student’s normal College hours and to guests of students whilst on College grounds. 

• 3.3. This Policy does not relate to substance or alcohol misuse by College staff. This is addressed separately within the Alcohol and Substance Misuse Policy for staff.

4. DEFINITIONS

• 4.1. The term 'drugs', unless otherwise stated, is used to refer to all drugs:

  • 4.1.1. All illegal drugs (those controlled by the Misuse of Drug Act 1971)

  • 4.1.2. All legal drugs, including alcohol, tobacco, volatile substances (those giving off a gas or vapor which can be inhaled such as aerosols, nitrous oxide cannisters, lighter fluid)

  • 4.1.3. Novel Psychoactive Substances, previously known as ‘Legal Highs’

  • 4.1.4. Amyl nitrites (known as poppers)

  • 4.1.5. All over the counter and prescription medicine.

  • 4.1.6. All Cannabidiol (CBD) products including vapes and edibles.

• 4.2. Drug paraphernalia is equipment, products and materials of any kind which are used, intended for use, or designed for use, in producing, processing, preparing, testing, analysing, packaging, repackaging or storing illegal drugs. This includes, but is not limited to:

  • 4.2.1. Herbal/vegetative matter grinders

  • 4.2.2. Pipes/improvised smoking vessels

  • 4.2.3. Items which have been modified to store/conceal drugs.

• 4.3. The Misuse of Drugs Act 1971 is the main law to control and classify drugs that are 'dangerous or otherwise harmful' when misused. The act lists all illegal (or controlled) drugs in the UK and divides them into one of 3 'classes' – A, B and C – based on the harm they cause to individuals and society.

• 4.4. Substance misuse for the purpose of the policy includes:

  • 4.4.1. The use, possession, sale, distribution, or being under the influence of illegal drugs or substances on College premises on College transport, at College-sponsored activities or at any time during the College day.

  • 4.4.2. The misuse of alcohol, including excessive consumption, on College premises, on College transport, at College-sponsored activities or at any time during the College day.

  • 4.4.3. The misuse of legal substances, such as prescription medication, solvents, or over-the-counter drugs, in a manner that impairs the individual's ability to function safely and effectively within the College community.

5. POLICY STATEMENT

•  5.1. Both staff and students have a responsibility to report anyone they perceive to be under the influence or in possession of drugs or alcohol.

• 5.2. Each student is responsible for their own actions.

• 5.3. Students who are found to be under the influence will, in the absence of mitigating circumstances, be deemed to be committing an act of gross misconduct and subject to the College’s disciplinary procedures. 

• 5.4. Similarly, any student found to be taking, buying, selling or be in possession of drugs or prohibited items will face disciplinary action and a report may be made to the Police. 

• 5.5. Parents/carers will be informed where the student is under the age of 18 and arrangements will be made for them to go home and/or to seek medical attention. 

• 5.6. If a student is suspected of being under the influence of drugs or alcohol on College premises, the College must prioritise the safety of the person and those around them. If necessary, it should be dealt as a medical emergency; administering first aid and summoning appropriate support. 

• 5.7. The College has the right to request the student to leave the premises where there is a suspicion of being under the influence, even where no evidence is found. This is to ensure the safety of the student and others around them.

• 5.8. The College may accept use of CBD products ONLY where they have been prescribed by a qualified medical professional in the UK. Permission to use prescribed CBD products must be requested, in writing with appropriate medical evidence to the Designated Safeguarding Lead. Permission must be granted prior to bringing or using the CBD products onto campus.

• 5.9. In some cases, a Fitness to Study Assessment or Behavioural risk assessment may be deemed necessary.

• 5.10.  If a student is part of a School Links Programme, the Vice Principal Curriculum Study Programmes must be informed. They will then liaise directly with the relevant school. 

• 5.11. Students with substance misuse issues may be referred for specialist support as appropriate.

6. SEARCHING AND CONFISCATION

• 6.1. Staff authorised by the Principal can carry out consensual and non-consensual searches where there are reasonable grounds to suspect that an individual is in possession of illegal substances or legal substances with the potential to harm the health and safety of others. 

• 6.2. The search of students will be carried out in accordance with the College’s Searching Screening and Confiscation Policy.

• 6.3. Confiscation of any items shall be in accordance with Paragraph 9 of the College’s Searching Screening and Confiscation Policy.

• 6.4. Where items are confiscated that are believed to be illegal substances, and the student is under the age of 18 or there are concerns about vulnerability where they are over 18, their parent or care giver shall be notified. Advice and guidance should be sought from the Safeguarding team. 

7. POLICE INVOLVEMENT AND LIAISON

• 7.1. There may be circumstances when it is appropriate to involve the police in substance misuse incidents. ALL instances of substance misuse or suspected substance misuse should be reported to the Safeguarding Team for recording; and they will provide advice and guidance in accordance with this policy.

• 7.2. If a small quantity of an illegal substance is found, and there are no other aggravating circumstances (see below), the matter will be dealt with via the College’s Behaviour and Conduct Policy. Consideration should be given to referring the student to a specialist service for support.

• 7.3. If a large quantity of an illegal substance is found (which is more than would be considered for personal use), a referral to the Police will be made. 

• 7.4. If a student is taken to hospital in an ambulance or received medical attention at a hospital, the police should be informed.

• 7.5. If a student is suspected to be in possession of illegal substances and the search required to recover them is outside the scope of the College’s Searching Screening and Confiscation Policy, then the Police should be contacted to conduct the search.

• 7.6. If the following circumstances apply to any discovery of an illegal substance, then a referral to the Police will be made:

  • 7.6.1. An indication of County Lines, gangs or drug dealing (at College or outside)

  • 7.6.2. The student is under the age of 16

  • 7.6.3. There is suspicion of familial substance misuse.

8. PREVENTION AND EDUCATION

• 8.1. The College will offer prevention and education programmes to raise awareness about substance misuse, its risks, and the available support services.

• 8.2. Campaigns will be organised to educate students and staff about the consequences of substance misuse and promote healthy alternatives.

• 8.3. Information regarding substance misuse, support services, and available resources will be readily accessible to all members of the College community.

• 8.4. Staff will be kept up to date with emerging risks and trends through safeguarding updates. 

9. SUPPORT AND REFERRAL

• 9.1. The College will provide confidential support and guidance to individuals affected by substance misuse. This may include counselling, referrals to external agencies, and assistance in accessing appropriate treatment programs.

• 9.2. Staff members will be trained to identify signs of substance misuse and will be equipped with the knowledge to provide appropriate support and referrals to affected individuals.

• 9.3. Students or staff members seeking support for themselves or others are encouraged to approach appropriate college staff, such as counsellors, Mental Health Support Workers, HR team or safeguarding leads.

• 9.4. Information shared from agencies about current trends and risks will be shared through the Safeguarding Hub. 

10. CONFIDENTIALITY AND PRIVACY

• 10.1. The College will handle all information related to substance misuse in a confidential and sensitive manner, in accordance with applicable laws and regulations.

• 10.2. Personal information will only be shared on a need-to-know basis and with the consent of the affected individual, unless there is a risk to the safety or wellbeing of the individual or others.

• 10.3. Confidentiality will be maintained throughout the support process, ensuring individuals feel safe and supported, notwithstanding the College’s statutory safeguarding duty. 

11. COMMUNICATION AND REVIEW

• 11.1. This Policy will be made available to all students, staff, and visitors through the College website and other relevant communication channels. Any updates or revisions to the policy will also be communicated effectively to the College community.

• 11.2. This Policy will be reviewed on a two-yearly basis by the Safeguarding Committee, to ensure its continued relevance and compliance with legislation and best practices. 

• 11.3. The Safeguarding Committee shall receive regular updates in relation to cases concerning substance misuse. 

12. RELATED POLICIES AND PROCEDURES

• 12.1. This policy has been developed in accordance with:

  • 12.1.1. The Misuse of Drugs Act 1971

  • 12.1.2. DfE and ACPO drug advice for schools (September 2012)

  • 12.1.3. Psychoactive Substances Act 2016

  • 12.1.4. National Police Chiefs’ Council When to Call the Police guidance.

• 12.2. This policy should be read in conjunction with:

  • 12.2.1. Safeguarding and Prevent Policy

  • 12.2.2. Searching Screening and Confiscation Policy

  • 12.2.3. No Smoking and Vaping Policy

  • 12.2.4. Data Protection Policy

  • 12.2.5. Student/Apprentice Behaviour and Conduct Policy

  • 12.2.6. Administration of Medication Policy

  • 12.2.7. LLR Drugs guidance for Education Settings (January 2022).
    

APPENDIX  SCENARIOS AND ACTIONS GUIDANCE