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Drug-Free Schools and Community Regulations Compliance Biennial Review

The 2014 Report

Prepared by:
Western Piedmont Community College
Division of Student Development, Department of Student Services, Office of Planning and Research

Introduction

The 1989 amendments to the Drug-Free Schools and Communities Act (DFSCA) as presented in the Education Department General Administrative Regulations (EDGAR) Part 86, require all Institutions of Higher Education (IHEs) receiving any form of federal funding to follow certain rules. As part of these regulations, an IHE must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol by students and employees and document these efforts in a Biennial Review report. Failure to comply may result in forfeiture of eligible federal funding.

This report must address the following objectives as outlined in the Complying with the Drug-Free Schools and Campuses Regulations, A Guide for University and College Administrators publication produced by the Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention:

  • To determine the effectiveness of, and to implement any needed changes to, the AOD [Alcohol and Other Drug] prevention program,
  • To ensure that campuses enforce the disciplinary sanctions for violating standards of conduct consistently  (U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention, 2006)
Compliance Checklist

The Drug-Free Schools and Campuses Regulations establish a set of minimum requirements for campus substance use programs. Although colleges and universities may have additional obligations under state law, the Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention has provided a Compliance Checklist that summarizes these minimum requirements. To follow is Western Piedmont Community College’s response to the checklist.

Individual Checklist Items Followed by Responses

  • Does the institution maintain a description of its alcohol and drug prevention program?  If yes, where is it located?
      • Western Piedmont Community College (WPCC) maintains documentation outlining its drug and alcohol prevention measures. These documents, WPCC Policy Manual and Promoting a Drug-Free Workplace and Campus are available by clicking the previous links or in printable form in the Offices of Human Resources and Student Development.
  • Does the institution provide annually to each employee and each student, who is taking one or more classes for any type of academic credit except for continuing education units, written materials that adequately describe and contain the following?
    • Standards of conduct that prohibit unlawful possession, use, or distribution of illicit drugs and alcohol on its property or as a part of its activities;
    • a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
    • a description of applicable legal sanctions under local, state, or federal law;
    • a description of applicable counseling, treatment, or rehabilitation or re-entry programs;
    • a clear statement of the disciplinary sanctions the institution will impose on students and employees, and a description of those sanctions.
      • For both employees and students, WPCC’s documentation, Promoting a Drug-Free Workplace and Campus, clearly defines the College’s expectations for the prevention of drug and alcohol abuse. Per regulation requirements, this document is distributed annually to both groups.
      • WPCC strongly assumes employee and student compliance with the expectations defined in the document above. However, sanctions associated with non-compliance are included. In addition, this document describes example illicit drug and alcohol substances along with the health risks associated with their use. The document further defines the North Carolina legal penalties surrounding the possession, sale, or delivery of these substances. The document concludes with a listing of organizations and agencies that can offer assistance for overcoming drug or alcohol abuse.
      • For employees and students, interested parties may refer to the WPCC Policy Manual for additional guidelines regarding drug and alcohol abuse.
      • Another WPCC document, Substance Abuse Information & Resources, is also available to both employees and students.
  • How are the above materials distributed to students?
      • Each semester, the Dean of Student Services contacts all currently enrolled students via the WPCC e-mail system with the above mentioned materials.  Examples of this contact may be found in Appendix C.
      • Additionally, the Promoting a Drug-Free Workplace and Campus document may be found as part of the Student Handbook, published each year as part of current course catalogs.
      • These materials are also distributed during new student orientations and various other times throughout the year as articles in employee or student publications, web-based assignments or other resources, health fairs, or campus flyers.
  • Do the means of distribution provide adequate assurance that each student receives the materials annually?
      • All WPCC students are required to hold an active College e-mail account. Since this is the most efficient and direct means of contacting students, WPCC administration maintains a high level of confidence that the policies and expectations for the prevention of drug and alcohol abuse are clearly communicated.
  • Does the institution’s distribution plan make provisions for providing these materials to students who enroll at some date after the initial distribution?
      • By making the drug and alcohol prevention materials available in a variety of formats (i.e. printed, web-based, at orientations, or other College functions) throughout the semester(s), WPCC ensures that the student body has ongoing access to the materials regardless of enrollment date.
  • How are the above materials distributed to staff and faculty?
      • Each year, staff and faculty are required to renew employment contracts. During the process, each employee is provided with access to a copy of the Promoting a Drug-Free Workplace and Campus documentation. Employees are asked to review this information and indicate their understanding of the expectations found therein by signing an acknowledgement. Representative copies of both the e-mail contact and this acknowledgement may be found in Appendix C.
  • Do the means of distribution provide adequate assurance that each staff and faculty member receives the materials annually?
      • As with students, all WPCC employees are required to hold an active College e-mail account.  Employees are contacted annually via e-mail regarding contract renewal and are provided with access to the appropriate documentation. After e-mail communication, printed copies of the above-mentioned acknowledgement are provided to employees via interoffice mail for signature. With this “double-contact” system in place, WPCC administration maintains a high level of confidence that the policies and expectations for the prevention of drug and alcohol abuse are clearly communicated.
  • Does the institution’s distribution plan make provisions for providing these materials to staff and faculty who are hired after the initial distribution?
      • Employees who are hired at times other than during the contract renewal process are provided with copies of the Promoting a Drug-Free Workplace and Campus documentation as part of the on-boarding activities and are required to sign the acknowledgment mentioned above after reviewing.
  • How and by whom does the institution conduct biennial reviews of its drug prevention program to determine effectiveness, implement necessary changes, and ensure that disciplinary sanctions are enforced?
      • Working with the Dean of Student Services, WPCC’s Office of Planning and Research conducts the Drug-Free Schools and Communities Act (DFSCA) Awareness Survey (formerly Student Climate Survey) in order to obtain information on how students feel about themselves and the overall environment of WPCC. The survey specifically addresses student attitudes and behaviors about alcohol, tobacco, and illicit drugs. Additionally, the survey asks students about strategies and methods that they believe would be successful in reducing tobacco use. An Executive Summary of the survey may be found in Appendix D.
      • The Office of Planning and Research analyzes data collected from the survey and delivers the resultant reports to the Dean of Student Services. Upon review of the information provided in the reports, the Dean of Student Services meets with various WPCC stakeholders, i.e. the Chief Security and Safety Officer, the Director of Financial Aid, and the Director of Human Resources, to determine if current policies are adequate for maintaining and promoting a drug and alcohol free campus.
      • In addition to following its own drug and alcohol policy, WPCC is located within the City of Morganton and adheres to the ordinances adopted by the City. If violations of these ordinances occur, City of Morganton Public Safety officers are notified for appropriate processing. In addition, WPCC Security Staff complete an Incident/Investigation Report and submit this information to the Dean of Student Services. The Dean of Student Services enforces disciplinary sanctions according to the Student Code of Conduct – Enforcement found in printed and electronic catalogs. Representative copies of NC General Statute 18 as adopted by the City of Morganton, the WPCC Investigation/Incident Report, and Enforcement information may be found in Appendix E.
  • If requested, has the institution made available, to the Secretary and the public, a copy of each required item in the drug prevention program and the results of the biennial review?
      • Copies of all documentation, including the Biennial Review, are made available to the public and Secretary under the Consumer Information section of the WPCC website.      
  • Where is the biennial review documentation located?
      • Historically, the Biennial Report has been maintained in electronic form in the Office of Planning and Research files.
Appendix A: WPCC Policy Manual, Section 3.45, Drug-Free Campus Excerpt

 

Access the Promoting A Drug-Free Workplace & Campus document.

Access Substance Abuse Information & Resources for Western Piedmont Community College.

Drug-Free Campus

Western Piedmont Community College recognizes its obligations to all employees, students, and the general public to provide and maintain a safe environment which is free of alcohol and illegal drugs. This policy is in accordance with the requirements set forth by the Federal Drug-Free Schools and Campuses Act of 1989 with amendments. In the event of a conflict between the provisions of this policy and related federal law, federal law shall always prevail. This policy is intended to ensure the safety and well-being of employees and students as well as the general public. All employees and students of the College, including full-time, trainee, part-time, regular hourly, and temporary, are expected to acknowledge an understanding of this policy and to abide by its provisions. The following terms apply:

Impaired Performance or Behavior shall mean such work performance and/or behavior which indicates to an observer that the employee’s or student’s ability to handle assignments safely and efficiently may be compromised.

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 also be used to substantiate impairment.

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.

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 days, and dismissal. The intent is to utilize the disciplinary process in a constructive, rather than punitive, manner.

Prohibited Acts: An employee or student who commits any of the following prohibited acts is subject to disciplinary action up to and including termination. Any such prohibited acts will be reported to appropriate law enforcement agents.

  1. The unlawful manufacture, distribution, sale, possession, or use of drugs, and the possession or use of alcoholic beverages while on campus, at workstations, and/or the selling of illegal substances or counterfeit substances on campus.
  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.

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 are available describing:

  1. Health risks associated with alcohol and drug use,
  2. Appropriate sanctions for violation of federal, state and local laws, and
  3. Available treatment options/programs.

Multiple avenues promoting a drug-free campus and workplace will be employed that include, but will not be limited to:

  1. Articles in the student publication, “The Update”,
  2. Employee/student e-mail communications/articles,
  3. Web-based orientation assignments,
  4. Printed material/flyers,
  1. Health fairs, and
  2. 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 Employee Assistance Program.

Compliance

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.

Sanctions

  1. 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.
  2. 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.

Procedures for Disciplinary Action: Commission of one or more of the above prohibited acts on the campus of Western Piedmont Community College shall be deemed unacceptable personal conduct, subject to disciplinary action. The College’s immediate response to such situations shall be in accordance with the following requirements and other related procedures contained in this manual:

  1. Any employee and/or student determined by administrative investigation to be involved in the manufacture, distribution, or selling of illegal or counterfeit substances on campus shall be terminated or expelled.
  2. Any employee and/or student determined by administrative investigation to be on campus and in possession of alcohol, illegal drugs, or prescription drug
    not prescribed to that person shall receive a written warning and may be subject to other disciplinary action.
  3. 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 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 at a due process hearing. When findings of an employee investigation include substantiated evidence or abuse and/or impairment, the employee shall receive a written warning and be referred to the College’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.

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

  1. Any employee using prescribed medication under a doctor’s direction, and any employee 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.
  2. Employees are responsible for notifying the Director of Human Resources within five calendar days after an arrest and/or indictment, or conviction on drug related charges. Failure to do so will be considered as employment related negligence of duty. Employees working under federal grants, who are convicted 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 responsible for the grant within ten (10) days after receiving notice from the employee or other notification. The college shall take appropriate disciplinary action within 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.
  3. 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 his/her position at Western Piedmont Community College shall be subject to disciplinary action up to and including dismissal.
  4. 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.
  5. 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.

Other Provisions and Procedures

  1. All employees and/or students have an obligation to report observed and suspected violations of this policy to their instructors, supervisors, or College administrators.
  2. 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.
  3. The Employee Assistance Program’s (EAP) 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 working days of receiving the referral. Assessment services include:
  1. Providing initial assessment and evaluation of all referrals (supervisory, self referrals, and employee’s family members);
  2. Referring the individual to the most appropriate available resource in a timely and efficient manner;
  3. Maintaining a network of community resources and being knowledgeable about available services and their costs;
  4. Serving as a liaison to the Director of Human Resources;
  5. Monitoring employee’s attendance and completion of services; and
  6. Maintaining discretion and confidentiality of all personnel and personalinformation concerning program participants.
  7. 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.

(DRUG FREE CAMPUS, approved and amended on April 6, 2009).

Reprinted/Effective: December 2011

Appendix B: Published Document Links

Here are online resources published that are related to substance abuse provided to the Western Piedmont Community College community.

Appendix C: Example, Compliance Checklist Item 2

The following is distributed to currently-enrolled curriculum students each semester after the census date:

Dear Student,

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 and 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.

You can read our Promoting a Drug-Free Workplace and Campus by clicking on this link: https://www.wpcc.edu//promoting-drug-free-workplace-campus and our Alcohol Abuse Pamphlet by clicking on the following link: https://www.wpcc.edu//substance-abuse-information-resources.

As required by the provisions of the Student Right to Know and Campus Security Act of 1990 you will find the 2012-2013 Cleary Campus Security and Crime Statistics Report by clicking on the following link: https://www.wpcc.edu//crime-statistics-report. Paper copies of the annual security report are available upon request in the Campus Security Office.

Sincerely,

Dean of Student Services

 

The following is distributed to full-time faculty and staff as hired:

Dear Employee,

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 and 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.

You can read our Promoting a Drug-Free Workplace and Campus by clicking on this link: https://www.wpcc.edu//promoting-drug-free-workplace-campus and our Alcohol Abuse Pamphlet by clicking on the following link: https://www.wpcc.edu//substance-abuse-information-resources.

As required by the provisions of the Student Right to Know and Campus Security Act of 1990 you will find the 2012-2013 Cleary Campus Security and Crime Statistics Report by clicking on the following link: https://www.wpcc.edu//crime-statistics-report. Paper copies of the annual security report are available upon request in the Campus Security Office.

Sincerely,

Director of Human Resources

The following is distributed to full-time and part-time faculty and staff annually as part of the contract renewal process:

Date,

The 2012-13 Contracts have been placed in your mailboxes. After reviewing your 2012-13 contract, please sign and date one copy and send back to HR by October 5 (you keep the other copy for your records). If you have questions, contact HR. Pay increases are in effect at the start date of your 2012-13 contract and your September pay will reflect your new monthly salary, plus the amount due to you from the start of your 2012-13 Contract period. In addition to sending your contract back, also sign and date the enclosed drug free workplace acknowledgement form. You can read our Promoting a Drug-Free Workplace and Campus and Drug/Alcohol Abuse Pamphlet by clicking on the following link: https://www.wpcc.edu//substance-abuse-information-resources.

As required by the provisions of the Student Right to Know and Campus Security Act of 990 you will find the 2012-2013 Cleary Campus Security and Crime Statistics Report by clicking on the following link: https://www.wpcc.edu//crime-statistics-report.

Thank you

Director of Human Resources

The following is distributed to full-time and part-time staff annually as part of the contract renewal process. This is an image of the paper document signed by employees. If you would like a paper copy of this document or an accessible version of it, please contact us. Someone will be in touch with you shortly.

Image of the Drug Free Workplace Acknowledgement Form Signed By Employees

Appendix D: Executive Summary of 2014 Drug-Free Schools and Communities Act Awareness Survey

WPCC’s Office of Planning and Research developed, processed, and analyzed this survey during Fall Semester, 2014.  The Dean of Student Services administered the web-based survey to each WPCC student with an active BlackBoard account.  The Office of Planning and Research monitored the survey and collected the resulting data.  One hundred fifty-four (154) students participated in the survey.

The results are organized into four categories:  respondent general attitudes, demographics, drug use/availability/risks, and tobacco-specific topics.

General Attitudes

  • 94% indicated that they liked Western Piedmont
  • 93% believe their instructors respect them
  • 93% believe they are successful in school
  • 97% are aware of the WPCC policy about alcohol, tobacco and drug use on campus
  • 91% believe that WPCC sets high standards for achievement
  • 92% feel that school is a safe place
  • 84% know where to go to get help with academic or personal problems
  • 78% know what to do if there is an emergency

Demographics

  • Gender
    • 73% Female
    • 23% Male
  • Age
    • 19% between 15-18 years old
    • 32% between 19-24 years old
    • 9% between 25-30 years old
    • 37% 31 years old and over
  • Ethnicity
    • 87% Caucasian or White
    • 5% Asian or Pacific Islander
    • 3% African American or Black
    • 2% Other Origin
  • Employment Status
    • 35% Employed Part Time
    • 20% Unemployed/Underemployed Looking for Work
    • 23% Employed Full Time
    • 15% Unemployed/Underemployed Not Looking for Work
  • Financial Aid
    • 57% Receive Grants such as Pell
    • 31% Receive No Financial Aid
    • 1% Receive Veterans’ Benefits
    • 2% Receive Scholarships
    • >1% Receive Loan

Drug Use, Availability, and Perceived Health Risk

  • 94% believe they have enough information to make well-informed decisions [about alcohol, tobacco, and drug use]
  • Alcohol Use
    • 29% use
    • 8% “binge” drink
    • 77% say it’s easy to get
    • 81% say it’s harmful
  • Smoking Tobacco
    • 21% use
    • 79% say it’s easy to get
    • 97% say it’s harmful
  • Smokeless Tobacco
    • 7% use
    • 75% say it’s easy to get
    • 96% say it’s harmful
  • Nicotine Products (E-Cigarettes, Gum, Lozenges)
    • 7% use
    • 70% say it’s easy to get
    • 87% say it’s harmful
  • Marijuana
    • 8% use
    • 46% say it’s easy to get
    • 75% say it’s harmful

Tobacco-Specific Topics

  • 35% of students currently use some type of tobacco or nicotine product
  • The majority (36%) of those began using tobacco between the ages of 11 and 18
  • Of those who smoked, 35% have tried to quit smoking.  Of those, nearly 18% have restarted using tobacco
Appendix E: Statutes and Documents

NC General Statute 18 as Adopted by the City of Morganton

Other Documents

References