Procedure03.04.060.a Drug Free Campus
- Alcohol means any beverage listed in Chapter 18B of the North Carolina General Statutes containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, spirituous liquor and mixed beverages.
- Controlled Substance means any substance listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of the North Carolina General Statutes. Generally, the term means any drug which has a high potential for abuse and include, but are not limited to: heroin, marijuana, cocaine, LSD, PCP, GHB, methamphetamines and crack. This term also includes any drugs that are illegal under federal, state or local laws and legal drugs that have been obtained illegally or without a prescription by a licensed healthcare provided or are not intended for human consumption.
- Substance means any substance taken that may cause impairment, including but not limited to bath salts, inhalants, counterfeit substance or synthetic herbs.
- Conviction means the entry in a court of law or military tribunal of: (1) a plea of guilty, nolo contendere, no contest or the equivalent; (2) a verdict of guilty; or (3) a prayer for judgment continued or a deferred prosecution.
An employee or student who commits any of the following prohibited acts is subject to disciplinary action up to and including expulsion and termination. Any such prohibited acts will be reported to appropriate law enforcement agents.
- The unlawful manufacture, distribution, sale, possession or use of alcohol, controlled substance and/or substances while on campus, in classrooms, at workstations and at official College events.
- Reporting to the campus, classrooms, and workstations and at official College events unable to perform duties or participate in classroom and College activities due to the use of a controlled substance, whether prescribed by a physician or purchased over-the-counter, substance or alcohol.
- Failing to report to the proper supervisor a conviction, arrest or citation for a violation of any federal or state controlled substance or alcohol statute (see Section III below).
- A conviction for a violation of any federal or state controlled substance or alcohol statute (See Section III below).
- All employees are required to inform, in writing, his/her supervisor within five (5) days after a conviction, arrest or receiving a citation for a violation of any federal or state controlled substance or alcohol statute. If an employee’s arrest, conviction or citation has an effect on the employee’s ability to perform his/her job duties or brings negative attention to the College, the employee may be subject to disciplinary action in accordance with this Policy.
- Convictions of employees working under federal grants that are convicted of violating a federal or state controlled substance or alcohol statute on the College’s property, or as part of any activity initiated by the College, shall be reported to the appropriate federal agency. A College official must notify the U.S. government agency, which made the grant, within ten (10) days after receiving notice from the employee or otherwise receives actual notice of a conviction of a controlled substance or alcohol statute occurring in the workplace.
- Students employed under the College Work Study Program are considered to be employees of the College if the work is performed for the College in which the student is enrolled. For work performed for a federal, state, local public agency, a private nonprofit or a private for-profit agency, students are considered to be employees of the College unless the agreement between the College and the organization specifies that the organization is considered to be the employer.
- All students are required to inform, in writing, the Dean of Student Services within five (5) days after a conviction, arrest or receiving a citation for a violation of any federal or state controlled substance or alcohol statute. If a student’s arrest, conviction or citation has an effect on the student’s continued attendance or could cause a disruption to the College environment, the student may be subject to disciplinary action in accordance with this Policy and other College Policy and Procedures.
Consequences for Violations
Violations of this Policy will subject the student or employee to disciplinary action ranging from writing warnings and referrals for appreciate treatment to expulsion or termination from employment. While the discipline action is intended to be progressive in nature, the type and severity of discipline action depends on the factual situation and first time offenses may result in expulsion or termination.
Following an investigation, the Director of Human Resources and/or the Dean of Student Services shall schedule a conference with the employee or student to review the results of the investigation and to give the employee and/or student an opportunity to respond. When findings of an employee investigation include substantiated evidence of abuse and/or impairment, the employee shall, at a minimum, receive a written warning and be referred to the College’s Employee Assistance Program (EAP) as a condition for continued employment. Failure to meet scheduled EAP conferences or complete recommended treatment is grounds for employee dismissal.
In the same instance, a student will, at a minimum, be referred to community agencies for counseling and may be readmitted upon the successful completion of an appropriate program.
Controlled Substances and Alcohol Testing
Employees and students may be required to be tested for substances, including controlled substances, or alcohol based on individualized, reasonable suspicion. Such a determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the individual (e.g., dilated pupils, a lag in response to verbal request(s), staggering or unsteadiness, the smell of alcohol, and/or incoherent communication). The required observations for reasonable suspicion testing shall be made by a supervisor or other trained official and the person who makes the determination that reasonable suspicion exists shall not be the same person who conducts the test. This section does not apply to law enforcement officers serving the College through the local sheriff’s department. Law enforcement officers must adhere to their normal standards when conducting a search.
All testing shall be administered by a non-College, third party laboratory chosen by the President. The testing shall be performed at the laboratory. The chosen laboratory shall use standard testing protocols that will maintain the confidentiality of the employee and student. All tests shall be reviewed by a medical review officer not affiliated with the College. In the event the test results are positive, the employee or student is responsible for the cost of the test.
Employees and student are subject to the following:
- Any employee using prescribed medication under a doctor’s direction or taking prescription or over-the-counter medication that could alter his/her ability to perform the duties and responsibilities of his/her position, must notify the Director of Human Services. Such employees are responsible for finding out from a health-care professional the effects of any drug being taken. Failure to obtain such information will not restrict disciplinary action under this Policy. If, in the opinion of the employee’s supervisor and the Director of Human Resources, an employee’s action and/or behavior is considered unsafe as a result of using the medication, the employee may be sent home on sick leave. Other options include referral to the EAP and/or temporary assignment. Failure to notify the Director of Human Resources shall be cause for disciplinary action up to and including dismissal.
- Any student using prescribed medication under a doctor’s direction or taking prescription or over-the-counter medication that could alter his/her abilities shall notify the student’s instructors and/or the Dean of Student Services. Students demonstrating unsafe behavior may be sent home. Failure to notify the instructors and/or the Dean of Student Services could result in discipline action.
- Any employee whose job requires a valid vehicle operator’s license and who is convicted of a violation for driving while impaired, resulting in a revocation of such license, must report this revocation to the Director of Human Resources. The Director shall determine whether revocation shall interfere with a minimum level of job performance.
- During the statutorily required initial “ten-day revocation period”, temporary job assignment may be necessary. If, upon conviction, revocation of the operator’s license is for one year or more, and no restricted license can be obtained, the College may either assign the employee to another job for which he/she is qualified or may terminate the employee for cause. In the event the employee is retained, a mandatory referral to the EAP is required as a condition of continued employment. Failure to notify the Director of Human Resources shall be cause for disciplinary action up to and including dismissal.
- All employees and/or students have an obligation to report observed and suspected violations of this Policy to their instructors, supervisors or College administrators.
- The Director of Human Resources is assigned responsibility and authority to establish supplemental policies and procedures necessary to the implementation and administration of this Policy.
- The Employee Assistance Program’s (EAP) responsibility for supervision and employee awareness will be to assist the College in meeting compliance requirements. The EAP serves as the staff resource in the development and communication of employee awareness and training programs. In the case of “emergency situations” or “mandatory referrals”, the EAP agrees to schedule an assessment within three working days of receiving the referral. Assessment services include:
- Providing initial assessment and evaluation of all referrals (supervisory, self-referrals, and employee’s family members);
- Referring the individual to the most appropriate available resource in a timely and efficient manner;
- Maintaining a network of community resources and being knowledgeable about available services and their costs;
- Serving as a liaison to the Director of Human Resources;
- Monitoring employee’s attendance and completion of services;
- Maintaining discretion and confidentiality of all personnel and personal information concerning program participants; and
- Serving as a staff resource in the development and communication of employee awareness and training programs. In the case of emergency situations or mandatory referrals, the EAP will schedule an assessment within three (3) working days of receiving the referral.
This Policy shall be reviewed annually and all employees and students will be reminded of this Policy at the beginning of each academic year. Resources are available for all College employees and students describing:
- Health risks associated with alcohol and drug use;
- Appropriate sanctions for violation of federal, state and local laws; and
- Available treatment options/programs.
Multiple avenues promoting a drug-free campus and workplace are employed that include, but are not limited to:
- Articles in the student publication “The Update”;
- Employee/student e-mail communications/articles;
- Web-based orientation assignments;
- Printed material/flyers;
- Health fairs; and
- Web-based resources with links to related sites.
Should prevention fail, resources are available for students or employees having drug or alcohol-related problems. Student counseling/referral resources are available through Student Services located in Hildebrand Hall. Employee resources are available through the EAP.
Part 86, the Drug-Free Schools and Campuses Regulations (Education Department General Administrative Regulations), requires that, as a condition of receiving funds, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.
Preparation of the required biennial report is the responsibility of the Dean of Student Services. This report will be conducted during even-numbered years and copies maintained in Student Services and the Office of Planning and Research.