Promoting A Drug-Free Workplace and Campus
Introduction
The use and abuse of drugs and alcohol are subjects of concerns in our society. Drug and alcohol problems can be extremely complex and there are usually no easy solutions. From a safety perspective, the users of drugs or alcohol may impair the well-being of our employees, our students and the public at large. Drug and alcohol use may result in property damage. The illegal/improper use of drugs and alcohol may also violate local, state, and federal laws.
Western Piedmont Community College recognizes its obligations to all employees, students and the public at large to provide and maintain a safe environment which is free of alcohol and illegal drugs. The Federal Drug-Free Workplace and Drug-Free Schools and Communities Acts of 1988/1989 with amendments (Public Law 101-690) require that Western Piedmont Community College adopt and implement a drug prevention program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.
It is the policy of Western Piedmont Community College to prohibit the following acts:
- The unlawful manufacture, distribution, sale, possession, or use of a controlled substance/counterfeit substance or alcohol while in the workplace, on college premises, or as part of any college-sponsored activities.
- Reporting to the worksite, classroom, or campus while unable to perform due to the use of drugs, prescribed by a physician or purchased over-the-counter.
Awareness Efforts
Employees and students will be reminded of the provisions of the Federal Drug-Free Workplace and Drug-Free Schools and Communities Acts and their expected conduct annually.
- Resources will be available describing:
- Health risks associated with alcohol and drug use (Attachment 2),
- Appropriate sanctions for violation of federal, state, and local laws (Attachment 2), and
- Available treatment options/programs (Attachment 3).
Multiple avenues promoting a drug-free campus and workplace will be employed that include, but will not be limited to:
- Articles in the student publication, “The Update”,
- Employee/student e-mail communications/articles,
- Web-based orientation assignments,
- Printed materials/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. Faculty and staff resources are available through Western Piedmont’s Employee Assistance Program.
Standards of Conduct
All WPCC employees and students are expected to understand this policy and to abide by its provisions.
Student Responsibilities
Self-discipline is an integral part of all students’ education. Students will maintain standards of conduct appropriate for students; however, in those rare instances when individuals interfere with the rights of others to educational opportunities, the College will maintain order. To this end, the WPCC Student Handbook contains a Student Code of Conduct to which students will adhere. The prohibition of alcohol and drugs is an integral part of this code. Any student convicted of any criminal drug statute violation must notify the Dean of Student Services in writing not later than five (5) calendar days after such conviction. Failure to provide notification may result in expulsion.
Employee Responsibilities
- Any employee using prescribed medication under a doctor’s direction, and any employee taking prescription or over-the-counter medication that could alter their ability to perform the duties and responsibilities of their position, must notify the Director of Human Resources. 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 are considered unsafe as a result of using the medication, the employee may be sent home on sick leave. Other options include referral to the Employee Assistance Program (EAP) and/or temporary assignment. Failure to notify the Director of Human Resources shall be cause for disciplinary action up to and including dismissal.
- Employees are responsible for notifying the Director of Human Resources in writing within five (5) calendar days after an arrest and/or indictment or conviction on drug related charges. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal or state court. Failure to do so will be considered as employment related negligence of duty. Activity. Convictions of employees working under federal grants, for violation drug laws in the workplace, on college premises, or as part of any college sponsored activity, shall be reported to the appropriate federal agency. The Director of Human Resources must notify the U. S. Government agency, with which the grant was made, within ten (10) days after receiving notice from the employee or otherwise receives actual notice of a violation of a criminal drug statue occurring in the workplace. The college shall take appropriate disciplinary action with 30 calendar days from receipt of notice. As a condition of further employment on any federal government grant, the law requires all employees to abide by this policy.
Sanctions
- Western Piedmont Community College does not differentiate between unlawful users, pushers, or sellers of controlled substances or alcohol. Any employee or student who possesses, uses, sells, gives, or in any way transfers a controlled substance or alcoholic beverage to another person, or manufactures a controlled substance while in the work place, on college premises, or as part of any college sponsored activity, will be subject to disciplinary action up to and including termination or expulsion and referral for prosecution. In the event of a conflict between the provisions of this policy and related federal law, federal law shall always prevail.
- The term “controlled substance” means any drug listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of North Carolina General Statutes. Generally, these are drugs which have a high potential for abuse. Such drugs include, but are not limited to, “Heroin, Marijuana, Cocaine, PCP, and Crack.” They also include “legal drugs” which are not prescribed by a licensed physician. The term alcoholic beverage includes beer, wine, liquor, and any other beverage listed in Chapter18B of the General Statutes of North Carolina. Additional “terms” may be found at Attachment 1.
- A description of applicable state sanctions ant the health risks associated with the use of both illicit drugs and alcohol is at Attachment 2.
Procedures for Disciplinary Action
Commission of one or more of the above prohibited acts on the WPCC campus shall be deemed unacceptable personal conduct, subject to disciplinary action. WPCC’s immediate response to such situations shall be in accordance with the following requirements and other related procedures contained in the WPCC Policy Manual (see Non-Reappointment of Employees, Suspension or Dismissal Procedures, Employee Grievance Procedures, and Student Due Process).
- Any employee and/or student determined by administrative investigation to be involved in the manufacture, distribution, or selling of illegal substances on campus shall be terminated or expelled.
- Any employee and/or student determined by administrative investigation to be on campus and in possession of alcohol, illegal drugs, or prescription drugs not prescribed to that person shall receive a written warning and may be subject to other disciplinary action.
- Any employee and/or student on campus determined by administrative investigation to be impaired by alcohol or drugs, including drugs prescribed by a physician and over-the-counter drugs, shall be ordered to leave the campus and may be subject to other disciplinary action. Following an investigation, the Dean of Student Services and/or the Director of Human Resources shall schedule a conference with the student or employee to review the results of the investigation and to give the employee and/or student an opportunity to respond at a due process hearing. When findings of an employee investigation include substantiated evidence of abuse and/or impairment, the employee shall receive a written warning and be referred to WPCC’s Employee Assistance Program (EAP) as a condition for continued employment. If the employee fails to meet scheduled EAP conferences and/or fails to complete recommended treatment, this shall be grounds for employee dismissal. In the same instance, a student will be referred to community agencies for counseling and may be readmitted upon the successful completion of an appropriate program.
- Any employee convicted of an off-the-job related offense which could directly or indirectly affect their credibility or ability to carry out effectively the duties and responsibilities of their position at WPCC shall be subject to disciplinary action up to and including dismissal.
- 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 (10) day revocation period” temporary job assignment may be necessary. If, upon conviction, revocation of the operator’s license is for one (1) year or more, and no restricted license can be obtained, WPCC 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.
Other Provisions and Procedures
- All employees and/or students have an obligation to report observed and suspected violations of this policy to their teacher, supervisor, or College management.
- 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 (EAP) responsibilities 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.
- Liaison with the Director of Human Resources.
- Monitoring an employee’s attendance and completion of services utilized.
- Maintaining discretion and confidentiality of all personnel and personal information concerning program participants.
- The EAP’s responsibility for supervision and employee awareness will be to assist agencies 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 (3) working days of receiving the referral.
Attachment 1 - Terms
Disciplinary action up to and including dismissal shall include both oral and written warnings, transfer, demotion in classification and/or pay, leave without pay for up to three (3) days, and dismissal. The intent is to utilize the disciplinary process in a constructive, rather than punitive, manner.
Illegal drugs are drugs, which are not legally obtainable, and drugs which are legally obtainable but have been obtained in a manner which is illegal.
Impaired performance or behavior shall mean such work performance and/or behavior which indicate to an observer that the employee’s or student’s ability to handle assignments safely and efficiently may be compromised.
Prohibited Acts shall include: 1) the unlawful manufacture, distribution, sale, possession, or use of a controlled substance/counterfeit substance or alcohol while in the workplace, on college premises, or as part of any college-sponsored activities, and/or; 2) Reporting to the worksite, classroom, or campus while unable to perform due to the use of drugs, prescribed by a physician or purchased over-the-counter.
Substantiated evidence shall mean that the impairment of work performance or behavior is deemed consistent with alcohol or drug abuse. Medical tests or other tests may be used to substantiate impairment.
Attachment 2 - Drugs and Their Risks
| Types of Drugs: | Health Risks: |
|---|---|
| Schedule I: Heroin, LSD, Peyote, Mescaline, Psilocybin (“Shrooms”), Other Hallucinogens, Methaqualone (Quaaludes) Phencyclidine (PCP), and MDA | Psychologically and physically addictive; depression, withdrawal symptoms, convulsions, death, unpredictable behavior with hallucinogens; possible damage to unborn fetus. |
| Schedule II: Morphine, Demerol, codeine, Percodan, Percocet, Fentanyl, Dilaudid, Secondal, Nembutal, cocaine, Amphetamines, and other opium and opium extracts and narcotics. | Psychologically and physically addictive; withdrawal symptoms, convulsions, respiratory failure, frequent accidents; possible damage to unborn fetus; death; cocaine and amphetamines increase blood pressure which can lead to irregular heartbeat and death; amphetamines can cause agitation, increase in body temperature, hallucinations convulsions, possible death. |
| Schedule III: Certain barbiturates such as amobarbitol and codeine containing medicine such as Fiorinal #3, Doriden, Tylenol #3, Empirin #3, and codeine-based cough suppressants such as Tussionex and Hycomine. | Psychologically and physically addictive; potential liver damage, nausea and vomiting, dizziness, disorientation, shallow breathing, cold and clammy skin, coma, possible death; withdrawal symptoms include anxiety, tremors, insomnia, convulsions, possible damage to unborn fetus. |
| Schedule IV: Barbiturates, narcotics and stimulants including valium, Talwin, Librium, Equanil, Darvon, Carvocet, Placidyl, Tranzene, Serax, Lonamin (yellow jackets). | Psychologically and physically addictive; drowsiness, withdrawal symptoms, tremors, abdominal and muscle cramps, insomnia, anxiety, convulsions, possible death; possible damage to unborn fetus. |
| Schedule V: Compounds that contain very limited amounts of codeine, dihydrocodeine, ethylmorphine, opium, and atropine, such as Terpine Hydrate with codeine, Robitussin AC. | Psychologically and physically addictive; nausea, gastrointestinal symptoms, drowsiness, withdrawal symptoms including runny nose, watery eyes, panic, chills, cramps, irritability, nausea; possible damage to unborn fetus. |
| Schedule VI: Marijuana, THC, Hashish, Hash Oil, Tetrahydrocannabinoi. | Psychologically addictive; increased risk of lung cancer, bronchitis, and emphysema; contributes to heart disease, fatigue, paranoia, possible psychosis; withdrawal symptoms including insomnia, hyperactivity and decreased appetite; depression of the immune system; decreased sperm count in men and irregular ovulation in women. |
Alcohol and Its Risks
| Types of Alcohol | Health Risks |
|---|---|
| Malt Beverage is beer, 1/2 of 1% to 6% alcohol | Psychologically and physically addictive; respiratory depression; depression of the immune system; increasing risk of heart disease, cancer, accidents, hypertension; brain damage; damage to unborn fetus; impotence at high dosage levels |
| Unfortified Wine is wine not more than 17% Alcohol | |
| Fortified Wine is wine of not more than 24% Alcohol | |
| Spirituous Liquor is distilled spirits of ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin, etc. Mixed Beverage is a drink composed in whole or part of spirituous liquor and served at restaurants, hotels, and private cubs licensed by the state. |
North Carolina Legal Penalties Regarding Drugs
| To Possess | To Possess with Intent to Sell/Deliver |
|---|---|
| Schedule I Maximum Penalty: Five (5) years in prison and/or fine. (Felony) | Schedule I Maximum Penalty: Ten (10) years in prison and/or fine (Felony) |
| Schedule II Maximum Penalty: Two (2) years in prison and/or $2,000 fine (Misdemeanor) -- UNLESS-- 1. Exceeds (4) tables, capsules, other dosage units or equivalent quality of Hydromorphone. 2. Exceeds (100) tablets, capsules, other dosage units or equivalent quantity. 3. One gram or more of Cocaine. Maximum penalty Five (5) years in prison and/or fine (Felony) | Schedule II Maximum Penalty: Ten (10) years in prison and/or fine (Felony) |
| Schedule III Maximum Penalty: To posess less than 100 tablets, capsules, other dosage units or equivalent quantity: Two (2) years in prison and/or fine (Misdemeanor) | Schedule III Maximum Penalty: Five (5) years in prison and/or fine (Felony) |
| Schedule IV Maximum Penalty: Same as Schedule III. | Schedule IV Maximum Penalty: Five (5) years in prison and/or fine (Felony) |
| Schedule V Maximum Penalty: Six (6) months in prison and/or fine (Misdemeanor) | Schedule V Maximum Penalty: Five (5) years in prison and/or fine (Felony) |
| Schedule VI Maximum Penalty: To posses less than 1/2 ounce of Marijuana or 1/20 ounce of Hashish: Thirty (30) days in prison and/or $100 fine (Misdemeanor) To possess more than 1/2 ounce of Marijuana or 3/20 ounce of Hashish or consists of any quantity of Tetra-hydrocannabinoids or synthetic Tetrahydrocannabinoids or Tetrahydrocannabinoids isolated from the resin of Marijuanna: Five (5) years in prison and/or fine (Felony) | Schedule VI Maximum Penalty: Five (5) years in prison and/or fine (Felony) |
North Carolina Legal Penalties Regarding Alcohol
| To Possess, Attempt to Purchase, or Purchase; To Sell or Give: Malt Beverages, Unfortified Wine, Fortified Wine, Spirituous Liquor, or Mixed Beverages to Anyone Under Twenty-one (21) Years Old: | To Possess with Intent To Sell or Aider and Abbettor: |
|---|---|
| Maximum Penalty: Imprisonment for a term not exceeding two (2) years or a fine, or both, in the discretion of the court. (Misdemeanor), However, to possess, attempt to purchase, or purchase by 19 or 20 Year Old is an infraction punishable by a fine not to exceed twenty-five dollars ($25). | 1. By any person who is under (21) years of age to purchase and who aids or abets another to attempt to purchase, purchase or to possess; sell or give shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months and/or a fine up to five hundred dollars ($500). 2. By any person over (21) years of age to purchase and who aids or abets another to attempt to purchase, purchase or to possess; sell or give shall be guilty of a misdemeanor punishable by imprisonment for not more than two (2) years and/or a fine up to two thousand dollars ($2,000).General status 186-302. |
Attachment 3 - Organizations and Agencies
Local
Alcoholics Anonymous 828-433-4440
Burke Council on Alcoholism & Chemical Dependency 828-433-1221
Burke County Health Department 828-439-4400
Burke County Sheriff’s Office 828-438-5500
Counseling Group (Employee Assistance Program) 828-438-0215
Drug Helpline 800-662-4357
Morganton Department of Public Safety 828-437-1211
Narcotics Anonymous 800-827-9106
National
American Council on Alcoholism 1-800-527-5344
A-Anon 1-800-356-9996
Cocaine Hotline 1-800-688-4232
Drug-Free Workplace Help Line 1-800-967-5752 www.drugfreeworkplace.gov
National Institute on Drug Abuse Hotline 1-800-662-HELP